Livermore City Council
June 12, 2023

CITY COUNCIL
AGENDA
MONDAY, JUNE 12, 2023
REGULAR HYBRID MEETING – 7:00 PM
CLOSED SESSION: 6:30 PM

MEETING PARTICIPATION INFORMATION CAN BE FOUND AT THE END OF THE AGENDA
IN PERSON INFORMATION:

CIVIC CENTER MEETING HALL

CITY COUNCIL CHAMBERS
1016 S. LIVERMORE AVENUE
TELECONFERENCE INFORMATION:

ZOOM WEBINAR:
https://us02web.zoom.us/j/88985105897
Zoom dial in phone number:
1 669 900 6833
Meeting ID: 889 8510 5897
CITY OF LIVERMORE YOUTUBE CHANNEL:
https://www.youtube.com/c/CityofLivermoreCalifornia
TV29:

Comcast TV Channel 29
tv29.org
John P Marchand, Mayor
Brittni Kiick, Vice Mayor
Ben Barrientos, Council Member
Evan Branning, Council Member
Robert W Carling, Council Member
Livermore City Council Agenda June 12, 2023
1 1. CLOSED SESSION - 6:30 PM
Roll Call
Opportunity for the the Public to Address City Council Regarding Closed Session Items Adjourn to Closed Session
Note: This Closed Session my be continued to the end of the Regular Meeting.

1.1 Conference with Labor Negotiator, Conference Joint Powers Agency Confidential Information.

To meet with Administrative Services Director, Tina Olson, Human Resources Manager, Nancy Dias, Senior Human Resources Analyst Kristen Hilton, Human Resources Analyst II, Kaylin Larson, and Tim Davis, Attorney with Burke, Williams, Sorensen, the City's and the Livermore-Pleasanton Fire Department's negotiators, pursuant to Government Code sections 54957.6 and 54956.96, regarding the Livermore-Pleasanton Fire Department Joint Powers Authority's negotiations with The International Association of Firefighters, Local 1974, AFLCIO-CLC for the Battalion Chief's unit.

2. CALL TO ORDER

3. PROCLAMATIONS AND PRESENTATIONS

3.1 Livermore Area Youth Advisory Commission Annual Update presented by Chair Zhang and Vice Chair Sidhu.

Recommendation:

Staff recommends City Council accept the Livermore Area Youth Advisory Commission annual update.

Staff Report
Attachments:

1. 2023 LAYAC Update to City Council

3.2 Presentation of the 2023 High School Senior Arts Awards Recommendation:

Staff recommends the City Council receive the presentation.

Staff Report

ROLL CALL
Council Member Ben Barrientos
Council Member Evan Branning
Council Member Robert W. Carling
Vice Mayor Brittni Kiick
Mayor John Marchand

PLEDGE OF ALLEGIANCE

REPORT OF ACTION TAKEN IN CLOSED SESSION
Livermore City Council Agenda June 12, 2023
2 3.3 Proclamation declaring June 2023 as LGBTQ+ Pride Month presented to President of Livermore Pride, David Hurst.

Recommendation:

Staff recommends City Council declare June 2023 as LGBTQ+ Pride Month.

Staff Report

3.4 Informational presentation regarding the 2022 Eastern Alameda County Human Services Needs Assessment including an overview of the project scope and status being completed with the cities of Pleasanton and Dublin
Recommendation:

Staff recommends the City Council receive a presentation from the consulting firm JSI on the status of the 2022 Eastern Alameda County Human Services Needs Assessment.

Staff Report

4. OPEN FORUM
In conformance with the Brown Act, no City Council action can occur on items presented during Open Forum.

To provide public comment in person, please submit a speaker card. When your name is called, walk to the lectern to address City Council.

To provide public comment virtually, please log into Zoom and use the 'raise hand' feature.

Comments are limited to a maximum of 3 minutes per person, per item. The Mayor may reduce the amount of time based on the number of persons wishing to speak.

Comments are limited to one comment per person per item regardless of format or time submitted (this includes email and e-comment submissions prior to the meeting as well as live comments during the meeting).

Open Forum will conclude after 30 minutes; however, if there are additional speakers, Open Forum will reconvene before the meeting adjourns.

4.1 Public Comment Received
Attachments:

1. Public Comment Received

5. CONSENT CALENDAR
Consent Calendar items are considered routine and are acted upon by the City Council with a single action. Members of the audience wishing to provide public input must submit a speaker card if in person or use the 'raise hand' feature if participating using Zoom. Comments are limited to one comment per person per item regardless of format or time submitted (this includes email and e-comment submissions prior to the meeting as well as live comments during the meeting).

5.1 Approval of draft minutes - May 8, 2023 Regular Meeting.

Recommendation:

Livermore City Council Agenda June 12, 2023
3 Staff recommends the City Council approve the draft minutes.

Staff Report
Attachments:

1. 2023-05-08 Draft Minutes

5.2 Resolution authorizing execution of an annual, interagency agreement with the LivermorePleasanton Fire Department Joint Powers Authority to provide fleet maintenance and repair services.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing execution of an annual, interagency agreement with the Livermore-Pleasanton Fire Department Joint Powers Authority (Authority) for the City of Livermore to provide preventive maintenance and repair services for Authority fire apparatus fleet as defined in the maintenance agreement.

Staff Report
Attachments:

1. Resolution

2. Exhibit A - Maintenance Agreement with LPFD

5.3 Resolution authorizing execution of an agreement with Barry & Wynn Architects, Inc. to provide on-call architectural services in an amount not-to-exceed $300,000.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with Barry & Wynn Architects, Inc., in an amount not-to-exceed $300,000, for on-call architectural services.

Staff Report
Attachments:

1. Resolution

2. Exhibit A - Engineering Services Agreement with Barry & Wynn Architects, Inc.

5.4 Resolution authorizing execution of an agreement with Kier & Wright Civil Engineers and Surveyors, Inc. to provide on-call civil engineering services in an amount not-to-exceed $300,000.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with Kier & Wright Civil Engineers and Surveyors, Inc, in an amount not-toexceed $300,000, for on-call civil engineering services.

Staff Report
Attachments:

1. Resolution

2. Exhibit A - Engineering Services Agreement with Kier & Wright Civil Engineers and Livermore City Council Agenda June 12, 2023
4 Surveyors, Inc.

5.5 Resolution authorizing execution of an agreement with Schaaf & Wheeler, in an amount notto-exceed $400,000, to provide on-call engineering services for various City projects including design of repairs for sites damaged during the 2023 storm events, hydraulic modeling support, and master planning.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an Engineering Services Agreement with Schaaf & Wheeler, in an amount not-to-exceed $400,000, to provide on-call engineering services for various City projects including design of repairs for sites damaged during the 2023 storm events, hydraulic modeling support, and master planning.

Staff Report
Attachments:

1. Site Plan

2. Resolution

3. Exhibit A- Schaaf & Wheeler Agreement

5.6 Resolution authorizing execution of the third amendment to the engineering services agreement with Watry Buehler Collaborative, LLP increasing the not-to-exceed contract amount from $1,624,000 to $1,792,800 for additional construction engineering support services associated with the Livermore Village (L Street) Parking Garage Construction, Project 586003
Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute the third amendment to the engineering services agreement with Watry Buehler Collaborative, LLP increasing the not-to-exceed contract amount from $1,624,000 to $1,792,800 for additional construction engineering support services associated with the Livermore Village (L Street) Parking Garage Construction Project 586003.

Staff Report
Attachments:

1. Site Plan

2. Resolution

3. Exhibit A - Third Amendment to Engineering Services Agreement with Watry Buehler Collaborative, LLP

5.7 Resolution authorizing an agreement with Innovative Claims Solutions (ICS) in an amount notto-exceed $121,861 in FY 2023-24 and $127,954 in FY 2024-25 for third-party administration services for the City’s Self-Insured Workers’ Compensation Program Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Attorney to execute a two-year agreement for Innovative Claims Solutions to provide third-party administration services for the City’s self-administered workers’ compensation program.

Livermore City Council Agenda June 12, 2023
5 Staff Report
Attachments:

1. Resolution

2. Exhibit A - ICS Agreement

5.8 Resolution adopting a list of projects for FY 2023-24 funded by Senate Bill 1 and approving the use of Road Maintenance and Rehabilitation Account Funds.

Recommendation:

Staff recommends the City Council adopt a resolution approving a list of projects funded by Senate Bill 1 in FY 2023-24 and approve the use of State Road Maintenance and Rehabilitation Account Funds.

Staff Report
Attachments:

1. Projects Map with SB1 Funds - FY23-24

2. Resolution

3. Exhibit A - SB1 Project List

5.9 Resolution authorizing execution of a low-income housing agreement with DeNova Homes, Inc. for a subdivision located at the intersection of North Canyons Parkway and Triad Drive (VTTM 8609).

Recommendation:

Staff recommends the City Council adopt a resolution authorizing execution of a "Low Income For Sale Housing Agreement" with DeNova Homes, Inc. for a 112-unit subdivision located at the intersection of North Canyons Parkway and Triad Drive (VTTM 8609).

Staff Report
Attachments:

1. Resolution

2. Exhibit A - Low Income For Sale Housing Agreement with DeNova Homes, Inc

5.10 Resolution approving Final Tract Map 8609 and Subdivision Improvement Agreement for the Triad Condominium Development (CAVA) at the northwest corner of North Canyons Parkway and Triad Drive.

Recommendation:

Staff recommends the City Council adopt a resolution:

1. Approving Final Tract Map 8609 for recording;

2. Approving and authorizing execution of the Subdivision Improvement Agreement which includes a 12-month extension (24 months in total) to complete the required improvements; and

3. Accepting, on behalf of the public, all real property offered for dedication within Final Tract Map 8609 in conformance with the terms of the offer except for the following, which the Council rejects at this time reserving the right to accept the offer at a future date: Public Utility Easement (P.U.E.), Sanitary Sewer Easement (S.S.E.), Emergency Livermore City Council Agenda June 12, 2023
6 Vehicle Access Easement (E.V.A.E.) and Public Sidewalk Easement (S.W.E.) Staff Report
Attachments:

1. Vicinity Map

2. Resolution

3. Exhibit A - Final Tract Map 8609

4. Exhibit B - Subdivision Improvement Agreement

5.11 Resolution approving the Two-Year Budget for Fiscal Years 2023-24 and 2024-25.

Recommendation:

Staff recommends that City Council adopt a resolution approving the Two-Year Budget for fiscal years 2023-24 and 2024-25.

Staff Report
Attachments:

1. Resolution

2. Exhibit A - Budget Book Final
Exhibit B - CIP Book FY23-28

5.12 Resolution establishing a Capital Reserve Policy.

Recommendation:

Staff recommends City Council adopt a resolution establishing a Capital Reserve Policy.

Staff Report
Attachments:

1. Resolution

2. Exhibit A - Capital Reserve Policy

5.13 Resolution establishing the Appropriations Limitation consistent with State law for FY 2023-24 Recommendation:

Staff recommends the City Council adopt a resolution establishing the Appropriations Limit for FY 2023-24.

Staff Report
Attachments:

1. Resolution

2. Exhibit A - Appropriation Limit FY 2023-24.pdf

5.14 Resolution accepting the Single Audit Report related to federal grants for the Fiscal Year Ending June 30, 2022.

Recommendation:

Staff recommends the City Council adopt a resolution accepting the Single Audit Report report for Fiscal Year 2021-22 as completed.

Livermore City Council Agenda June 12, 2023
7 Staff Report
Attachments:

1. Resolution

2. Exhibit A - Federal Awards Report in Accordance with the Uniform Guidance

5.15 Resolution authorizing an interfund loan in the amount of $500,000 between the Sewer Fund (Lender) and General Fund (Borrower) to fund replacement of Livermore's fire stations' alerting system.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing a $500,000 interfund loan between the Sewer Fund (Lender) and General Fund (Borrower) to fund replacement of Livermore's fire stations' alerting system.

Staff Report
Attachments:

1. Resolution

2. Exhibit A - Interfund Loan Agreement

5.16 Resolutions delegating authority to the Administrative Services Director to make retirement determinations for local safety member employees, and to submit employer-originated disability applications on behalf of all employees, and establishing a procedure for disability retirement determinations for local safety officer employees Recommendation:

Staff recommends City Council take two actions:

1. Adopt a resolution delegating authority to the Administrative Services Director to make retirement determinations for local safety member employees of the Public Employees Retirement System and to submit employer-originated disability applications on behalf of all employees; and,

2. Adopt a resolution establishing a procedure for disability retirement determinations for the City of Livermore's local safety officer employees who are members of the Public Employees' Retirement System.

Staff Report
Attachments:

1. Resolution - Delegation of Authority

2. Resolution - Administrative Procedures

5.17 Resolution of continued local emergency.

Recommendation:

Staff recommends the City Council adopt a resolution of continued local emergency in response to impacts from a series of severe storm events.

Staff Report
Attachments:

Livermore City Council Agenda June 12, 2023
8 1. Resolution

6. PUBLIC HEARINGS
Comments are limited to one comment per person per item regardless of format or time submitted (this includes email and e-comment submissions prior to the meeting as well as live comments during the meeting).

6.1 Public hearing, landowner election, and actions related to formation of Community Facilities District No. 2023-1 for maintenance and public services within the Isabel Neighborhood Specific Plan area pursuant to the Mello- Roos Community Facilities Act of 1982.

Recommendation:

Staff recommends the City Council take the following actions in connection with the proposed formation of Community Facilities District No. 2023-1 for maintenance and public services within the Isabel Neighborhood Specific Plan area (CFD) and a related Future Annexation Area pursuant to the Mello-Roos Community Facilities Act of 1982 (the "Mello-Roos Act"):

1. Conduct the public hearing and consider written and oral protests;

2. Adopt the resolution of formation of a Community Facilities District and Future Annexation Area;

3. Adopt a resolution calling a special landowner election for a community facilities district, and direct the City Clerk to complete the landowner elections;

4. Adopt a resolution declaring the results of the special landowner election and, if the election is successful, direct recording of Notice of Special Tax Lien; and

5. Introduce an ordinance levying special taxes within the CFD (including any territory that annexes into the CFD from the Future Annexation Area).

Staff Report
Attachments:

1. Resolution of Formation

2. Exhibit A - Description of Services

3. Exhibit B - Rate and Method of Apportionment

4. Resolution Calling for Election

5. Exhibit A - Official Ballot

6. Resolution Declaring Results

7. Exhibit A - Declaring Results

8. Ordinance

6.2 Hearing to consider Development Code Amendment (DCA) 22-004, which would amend temporary sign standards in the public right-of-way.

Recommendation:

The Planning Commission and staff recommend the City Council:

1. Adopt a Resolution finding the project is exempt under the California Environmental Quality Act, in accordance with California Public Resources Code Section 21084 and CEQA Guidelines Section 15304(e), which exempts minor temporary use of land having negligible or no permanent effects on the environment; and Livermore City Council Agenda June 12, 2023
9 2. Introduce an Ordinance approving Development Code Amendment 22-004, which would amend Livermore Development Code Section 4.06.140 to allow temporary commercial and non-commercial signs in the public right-of-way at intersections of city streets outside the Downtown area from Thursday to Monday.

Staff Report
Attachments:

1. Staff Analysis with Supplemental Memo

2. July 2020 PC Reso

3. July 2020 CC Report

4. Aug 2020 CC Ordinance

5. Oct 2022 CC Report

6. Nov 2022 CC Report

7. Nov 2022 CC Ordinance

8. Draft Planning Commission Meeting Minutes

9. Public Comment

10. CEQA Resolution

11. Exhibit A - PC CEQA Reso

12. Ordinance

13. Exhibit A - PC Project Reso

14. Exhibit B - Proposed Redlines

6.3 Hearing to authorize negotiation of a Development Agreement to secure funding and timing of off-site public improvements in association with an industrial proposal known as the Greenville Community Charging Depot (Greenville CCD).

Recommendation:

Staff recommends the City Council adopt a resolution authorizing staff to proceed with negotiating the terms of a Development Agreement with FM Greenville, LLC ("Forum"), to develop an industrial project known as the Greenville Community Charging Depot (Greenville CCD) to be considered by the City Council at a later date.

Staff Report
Attachments:

1. Resolution

7. MATTERS FOR CONSIDERATION - NONE.

Comments are limited to one comment per person per item regardless of format or time submitted (this includes email and e-comment submissions prior to the meeting as well as live comments during the meeting).

8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, STAFF, AND COUNCIL MEMBERS

9. ADJOURNMENT
To a Regular City Council meeting on Monday, June 26, 2023 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue and virtually using Zoom.

Livermore City Council Agenda June 12, 2023
10 10. SUPPLEMENTAL MATERIALS

10.1 Supplemental materials received prior to the meeting.

Staff Report
Attachments:

1. Supplemental Materials

10.2 Supplemental materials received at the meeting.

Staff Report
Attachments:

1. Items Received at the Meeting

11. HOW TO PARTICIPATE IN YOUR CITY COUNCIL MEETING
You can participate in the meeting in a number of ways:

Open Forum is an opportunity for the public to speak regarding items not listed on the agenda. Speakers are limited to a maximum of 3 minutes per person. To address the City Council in person, you must submit a speaker card to the City Clerk prior to the start of that item. To submit a comment using Zoom, you may use the 'raise hand' feature when the item begins. Please note that the City Council is prohibited by State law from taking action on any items that are not listed on the agenda. However, if your item requires action, the City Council may place it on a future agenda or direct staff to work with you and/or report to the City Council on the issue.

Public Hearings - The topic of the hearing is typically summarized by staff, followed by a presentation by the applicant, and questions from the City Council. The Mayor will then open the hearing to the public and offer an opportunity for public comments. Speakers are limited to a maximum of 3 minutes per person. To address the City Council in person, you must submit a speaker card to the City Clerk prior to the start of the presentation of the item. To submit a comment using Zoom, you may use the 'raise hand' feature as soon as the item begins.

Other Agenda Items are also open for public input including Consent Calendar or Matters for Consideration items. These comments are also subject to the 3-minute limit.

Special Meetings, Workshops - The public will have the opportunity to address the City Council regarding the item that is the subject of the special meeting or workshop. Public comments are limited to a maximum of 3 minutes per person.

Platforms to Participate in Meetings:

Submission of Comments Prior to the Meeting:

Email Comments may be submitted by the public to the City Clerk’s Office ([email protected]). Items received no later than 12:00 pm on the day of the meeting will be provided to the City Council and available on the City website prior to the meeting. These items will NOT be read into the record.

Livermore City Council Agenda June 12, 2023
11 eComments may be submitted by the public using the eComment link here. Comments may be up to 1000 characters in length and will be accepted up until 4:00 pm the day of the meeting. These items will NOT be read into the record and are viewable by the City Council and the public upon submittal.

Submission of Comments During the Meeting:

Speakers are limited to a maximum of 3 minutes per person. To submit a comment in person, you must complete a speaker card for each item. Speaker cards are available in the Civic Center Meeting Hall lobby. Indicate on the card the item number you wish to comment on and submit the card directly to the City Clerk prior to the start of the item. To submit a comment using Zoom, you may use the 'raise hand' feature. Please note that the City Council is prohibited by State law from taking action on any items that are not listed on the agenda.

However, if your item requires action, the City Council may place it on a future agenda or direct staff to work with you and/or report to the City Council on the issue.

The City will be using YouTube and TV29 as two tools to provide the public access to view City Council meetings. No public comment will be accepted via YouTube.

TV29: tv29live.org Comcast Cable 29
YouTube: http://youtube.com/c/CityofLivermoreCalifornia Zoom Webinar: https://us02web.zoom.us/j/88985105897
It is recommended residents use updated software to successfully join and participate in a meeting. Outdated versions may limit functionality and you may not be able to provide a public comment virtually. To download the most current version, visit zoom.us/download.

Zoom dial in phone number: 1 669 900 6833
Meeting ID: 889 8510 5897
If you would like to deliver written materials to the City Council as part of your public comments, and are commenting in person, please provide 10 copies to the City Clerk with your speaker card. If you are commenting using Zoom, the speaker must identify that intent in his or her comment and immediately email the materials to the City Clerk at [email protected].

The City Council Agenda and Agenda Reports are prepared by City staff and are available for public review on Tuesday evening, six days prior to the City Council meeting in the Civic Center Library, 1188 South Livermore Avenue, Livermore, and at the City Clerk’s Office, 1052 South Livermore Avenue, Livermore. The Agenda is also available on the City’s website, http://LivermoreCA.gov/agenda.

Under Government Code §54957.5, any supplemental material distributed to the members of the City Council after the posting of this agenda will be available for public review in the City Clerk’s Office, 1052 South Livermore Avenue, Livermore, and included in the agenda packet available on the City’s web site at http://LivermoreCA.gov/agenda.

Livermore City Council Agenda June 12, 2023
12 PURSUANT TO TITLE II OF THE AMERICANS WITH DISABILITIES ACT (CODIFIED AT 42 UNITED STATES CODE SECTION 12101 AND 28 CODE OF FEDERAL REGULATIONS PART 35), AND SECTION 504 OF THE REHABILITATION ACT OF 1973, THE CITY OF

LIVERMORE DOES NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR, RELIGION,

NATIONAL ORIGIN, ANCESTRY, SEX, DISABILITY, AGE OR SEXUAL ORIENTATION IN THE PROVISION OF ANY SERVICES, PROGRAMS, OR ACTIVITIES. TO ARRANGE AN

ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PUBLIC MEETING, PLEASE CONTACT THE ADA COORDINATOR AT [email protected] OR CALL (925) 960-4170 (VOICE) OR (925) 960- 4104 (TDD) AT LEAST THREE (3) BUSINESS DAYS IN ADVANCE OF THE MEETING.

Livermore City Council Agenda June 12, 2023
13 CITY COUNCIL STAFF REPORT ITEM NO. 3.1
DATE: June 12, 2023
TO: Honorable Mayor and City Council
FROM: Anwan Baker, Library Director
SUBJECT: Livermore Area Youth Advisory Commission Annual Update presented by Chair Zhang and Vice Chair Sidhu.

RECOMMENDED ACTION
Staff recommends City Council accept the Livermore Area Youth Advisory Commission annual update.

SUMMARY

DISCUSSION

ATTACHMENTS

1. 2023 LAYAC Update to City Council
Prepared by: Nathan Brumley
Assistant Library Services Director
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
14 Livermore Area Youth Advisory Commission
(LAYAC)
June 12, 2023
ATTACHMENT 1
15 Duties and Responsibilities
• The Youth Advisory Commission brings together youth and adult, private and public sectors of the community to address responsibility for the care, health, safety, welfare and education of Livermore's young people
• The Commission promotes youth involvement in the Livermore community and communication between City leadership and the young people of the City • Creates a forum for ideas and concerns, and provides a vehicle for concerns and interests of youth to be communicated to City Council
ATTACHMENT 1
16 LAYAC Information
Staff Liaisons
➢ Nathan Brumley – City of Livermore
➢ Nancy Blair – LARPD
➢ Tracie Christmas – LVJUSD
Location
➢ Robert Livermore Community Center
Membership
➢ 2 year terms
18 members
15 youth members (ages 12 to 20)
3 adult non-voting members (age 21 and older)
Roster
• Youth Members: Anusha Aluri, Asmitha Aluri, Greta Fick-Furlotte, Ally Grant, Samaira Grover, Natalie May, Sai Gayathri Penugonda, Randolph Pico, William Pinkston-Matishov, Christian Quindipan, Danielle Rasmussen, Isabel Roy, Ajaib Sidhu, Alexa Sumitra, Michael Zhang
• Adult Members: Heater Mackey, Neha Sabharwal, Gurprem Singh Meetings: Monthly, First Monday, 7:00 p.m. (unless otherwise noted) ATTACHMENT 1
17 • Active
Subcommittees:
- Climate Change
- Community Service
- Equity & Inclusion
Projects and Goals
• Goals for 2023-2024:
- Cultural fair
- Sycamore Grove
volunteering
- Media contest
ATTACHMENT 1
18 2022 – 2023
Providing Feedback
Horizons Family Counseling
ATTACHMENT 1
19 LAYAC …
… Thank You for Your Time!
ATTACHMENT 1
20 CITY COUNCIL STAFF REPORT ITEM NO. 3.2
DATE: June 12, 2023
TO: Honorable Mayor and City Council
FROM: Brandon Cardwell, Innovation and Economic Development Director SUBJECT: Presentation of the 2023 High School Senior Arts Awards

RECOMMENDED ACTION
Staff recommends the City Council receive the presentation.

SUMMARY

DISCUSSION

ATTACHMENTS
Prepared by: Xochitl Ballesteros
Senior Clerk
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
21 CITY COUNCIL STAFF REPORT ITEM NO. 3.3
DATE: June 12, 2023
TO: Honorable Mayor and City Council
FROM: Marianna Marysheva, City Manager
SUBJECT: Proclamation declaring June 2023 as LGBTQ+ Pride Month presented to President of Livermore Pride, David Hurst.

RECOMMENDED ACTION
Staff recommends City Council declare June 2023 as LGBTQ+ Pride Month.

SUMMARY

DISCUSSION

ATTACHMENTS
Prepared by: Stephanie Egidio
Assistant to the City Manager
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
22 CITY COUNCIL STAFF REPORT ITEM NO. 3.4
DATE: June 12, 2023
TO: Honorable Mayor and City Council
FROM: Paul Spence, Community Development Director
SUBJECT: Informational presentation regarding the 2022 Eastern Alameda County Human Services Needs Assessment including an overview of the project scope and status being completed with the cities of Pleasanton and Dublin

RECOMMENDED ACTION
Staff recommends the City Council receive a presentation from the consulting firm JSI on the status of the 2022 Eastern Alameda County Human Services Needs Assessment.

SUMMARY
In collaboration with the cities of Pleasanton and Dublin, City of Livermore staff has been planning for an update to the 2011 Tri-Valley Human Services Needs Assessment. In February 2022, a Request for Proposals was solicited seeking qualified consultants to lead the project. Staff from each city served on a selection committee that included a review of submittals and in-person interviews. The selection committee agreed that the firm, JSI Research & Training Institute, Inc. (JSI), was the most qualified to lead the project. JSI's approach to community outreach and desire to collaborate with stakeholders coincides with each city's goals and priorities.

The 2022 Eastern Alameda County Human Services Needs Assessment is funded equally by the three cities. Pleasanton serves as the project lead/fiscal agent and has entered into a professional services agreement with JSI. On June 27, 2022, Council adopted resolution number 22-360, A Memorandum of Understanding formalizing the project and funding obligations among the three cities.

DISCUSSION
In September of 2002, a Tri-Valley Human Services Needs Assessment was initiated to identify and fill service gaps and as a tool for non-profit service providers to leverage funding when seeking grants and additional financial support. This was completed in 2003.

In early 2011, following the release of 2010 census data, a broad-based assessment of Human Service needs in the Tri-Valley was conducted. This expanded upon the 2003 assessment as much of the Tri23 Valley had changed since the early 2000's. Since its finalization in 2012, the City of Livermore has been using the 2011 Eastern Alameda County Human Services Needs Assessment to allocate grant funding to non-profit service providers.

Project Timeline & Scope
The Eastern Alameda County Human Service Needs Assessment will culminate with final recommendations and implementation plans. The Assessment will include comprehensive research and analysis that describes both current and anticipated Human Service needs over the next five to ten years, as well as recommendations on how these needs can be addressed. More specifically, goals, strategies, and implementation plans will be developed that could include changes in delivery models and identify alternative partners and funding sources. A final report will be developed for the Tri-Valley, while a more specific report will be developed for each City to address individual concerns. Final reports will not only address gaps in services, but also gaps in infrastructure. Final reports are intended to include an actionable narrative that is clear, concise, and will assist policy makers and identify alternative partners and funding sources.

The process to complete a comprehensive and thorough needs assessment is extensive. The overall process is expected to take 15-18 months and was kicked off in August 2022. The following bullet points highlight some of the key’s components and milestones:

Project Phases – There are five project phases. Phases 1 and 2 are mostly complete and included the development of a project schedule, workplan, and quantitative data collection. Phase 3, which is underway, includes committee development and qualitative data collection. Phases 4 and 5 include data analysis and review, and final recommendation and implementation plans.

Steering Committee – A Steering Committee comprising of staff from each city, Alameda County Social Services, Alameda County Public Health, non-profit service providers, and a Community Liaison, has been convened to assist with project implementation. This committee meets regularly to provide oversight, guide the work being completed, and support, or identify avenues of support, when necessary.

Quantitative Data Collection – Early in the process, quantitative data collection began which led to the development of a Community Profile and Social and Economic Profile. These profiles will ensure JSI, and each city, is reaching the community as a whole. This is data that can be counted, measured, or given a numerical value. The quantitative data collected includes demographic information, such as race, ethnicity, age, income, employment, and marriage status. This data was collected through surveys, existing data sets such as census data, data from local organizations and county agencies, and other data sources. This also included the development of a comprehensive human services provider inventory in the Tri-Valley.

Qualitative Data Collection – The collection of qualitative data is underway. This data is descriptive and collected through focus groups, key informant interviews and conversations, and more.

Qualitative data provides insights into data that cannot be collected quantitatively and provides a space for community members and stakeholders to share their lived experiences. Efforts include working collaboratively with Alameda County as they are actively working on a Community Health Needs Assessment, focus groups with non-profits, engagement with first responders and faithbased organizations, development of the Power & Action Committee. 24 Power & Action Committee – The Eastern Alameda Power & Action Committee (EAPAC) has been convened to help guide the development of qualitative data collection, ensuring all groups are represented and the needs assessment is representative of the Tri-Valley. The EAPAC is made up of community members with lived experiences accessing and/or providing health and human services.

Current Status and Next Steps
As previously stated, quantitative data collection has been substantially completed. Qualitative data collection is underway with the Steering Committee meeting regularly since November 2022 and the EAPAC having its first meeting in March 2023. Focus groups are being convened, which include nonprofit executives, non-profit front-line staff, and first responders. Individual key informant and stakeholder interviews are also underway. Additionally, the project website, www.mytrivalley.org, has been created as an avenue for sharing information and collecting feedback. The email [email protected] has been created and is utilized as a main point of contact for all individuals that want to inquire or get involved in the project. Tabling at community events, including at the Livermore Dia de Los Muertos/Day of the Dead event, and St. Patrick’s Day festival in Dublin has taken place. Tabling will continue to take place as necessary, and an events calendar is maintained on the project website.

In November 2022, a joint meeting of the three cities' Human Services Commissions was held to introduce the project and solicit feedback. During Phase 4, which includes data review and analysis, findings will be presented back to each city’s respective Human Services Commission. In Phase 5, final deliverables will return to each city’s respective Human Services Commission and City Council for final review and acceptance. It is anticipated this will take place in Fall/Winter 2023.

FISCAL AND ADMINISTRATIVE IMPACTS
There is no fiscal impact associated with this report.

COMMUNITY PILLAR
1: A Safe Community that Thrives
GOAL
8: Expand and improve access to human services

ATTACHMENTS
Prepared by: Josh Thurman
Human Services Program Manager
25 Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
26 From:

To:

Subject:

Date:

Attachments:

Beverly Bull
City Clerk
My thoughts about East Ave Corridor; 6-4-2023
Sunday, June 4, 2023 7:22:13 PM
East Ave Corridor, 06-04-2023.docx
Good Morning, Mayor Marchand and City Council,
I live on and I want to share some of my concerns about the proposed East Ave. Corridor study.

I'll attach my notes.

Beverly Bull
Livermore, CA 94550
cell: , if you call, please leave a message if I'm unable to answer. Otherwise I block numbers I don't recognize.

ATTACHMENT 1
27 East Ave. Corridor, Mayor Marchand & City Council, 6‐4‐2023 I live on   and my family has owned a home on   since 1960.  Currently on garbage days the garbage trucks pick up the cans that have been placed against the curb.  The curb stabilizes the cans so they don’t fall over.  If you make East Ave. one lane the cans will be placed on the crown of the street between the car lanes and the bike lanes.  They will not be stable.  AŌer pickup the cans already oŌen aren’t placed exactly in the original locaƟon, some even fall over.  If East Ave. is one lane, more cans will fall over, more cans will be leŌ out of place, into car and bike traffic.  This will cause more traffic issues trying to avoid the cans.

What happens on garbage day, the trucks are blocking the car lane, cars are backing up and then the Fire truck, police cars or EMS need to get by?  There’s no place for the cars to move out of their way.

Emergencies will happen.  Sunday, June 4th a fire truck came down East Ave., lights and horns going.  At Madison and East Ave. the street light was flashing, causing cars to stop and wait.  The fire truck honked and honked as it went down East Ave. trying to get cars to move out of the way.

Mail delivery trucks, moving vans, package delivery vehicles will all slow traffic or make it come to a complete stop.  Recently there were maintenance trucks blocking one whole lane on East Ave, some for a whole block…where do the cars go if the car lane is blocked by maintenance trucks, moving vans, garbage trucks?  These issues are ongoing, happen oŌen.  I want maintenance to be done.  I want garbage pickups.  I want buses to be able to pick up and drop people off.  I want parents to be able to pick up and drop off their children at East Ave Elementary School, Livermore High School, the funeral home, other churches, other daycare faciliƟes…probably other places I’m not remembering right now.

All of those places will be impacted by one lane on East Ave.

I’m not sure why you went to Florida to find people to make suggesƟons since we have some of the greatest, most creaƟve minds in the world at LLNL and Sandia.  They would have done it for free, just to be helping out their community.  Moneys received could have been used for other important things.

Just my thoughts.  I love Livermore and I understand there are more and more developments going in, so why limit East Ave. to one lane?
I’d be happy to share my thoughts of the problems I see with each one of the Corridor opƟons presented.  I’d be available, personally, to talk with the city council, one on one, as a group, however I might be most helpful to you.

Thank you, Beverly Bull, ., cell: , if you call and I’m unable to answer please leave a message, otherwise I think it’s someone asking for money and I block the numbers I don’t recognize.

ATTACHMENT 1
28 From:

To:

Subject:

Date:

Jim Aikin
City Clerk
East Avenue Traffic Changes
Friday, June 2, 2023 6:57:45 PM
To the City Council:

I live toward the south end of . I object strenuously to any of the proposed traffic changes that I have seen in the East Avenue corridor.

The only access to my neighborhood is via East Avenue. I have to pass East Avenue Middle School quite often in the early afternoon. The traffic backup due to parents picking up their kids is already a mess, even without the ridiculous vehicle blockages and even without a bus being stopped in front of the school, as it often is. If East Avenue is narrowed to one lane in each direction, eastbound traffic will come completely to a stop for ten or fifteen minutes at the end of the school day.

How will emergency vehicles be able to get through the traffic jam? Have you spoken to the city's first responders about this?
The narrowing of right turn access at Hillcrest, Estates, and Jensen is also a huge problem. The blockages make the intersections LESS safe, not more safe. And again, how will a fire truck or ambulance be able to turn onto one of these streets if the oncoming lane (the lane approaching East Avenue) is already blocked by a vehicle?
Please! Leave well enough alone! You're trying to solve a problem that doesn't exist, and in the process you're creating a very real problem.

Adding a bike lane to East Avenue is a fine idea, and not difficult.

Just get rid of the on-street parking. Make the whole stretch from Maple to Madison a no-parking zone.

Yes, I know. The people who live on East Avenue won't like having a bike lane. But the burden on them will be less than the burden on EVERYBODY when East Avenue is blocked at the end of the school day. The residences on East Avenue all have garages and driveways, so the real need for on-street parking is very small.
--Jim Aikin )
ATTACHMENT 1
29 From:

To:

Subject:

Date:

Janice Brown
City Clerk
East Avenue
Friday, June 2, 2023 4:44:36 PM
That road is a main thoroughfare and it would be terrible to have it one lane in each direction.

ATTACHMENT 1
30 From:

To:

Subject:

Date:

Kevin comerford
City Clerk
East Ave corridor study
Friday, June 2, 2023 9:50:27 AM
Good morning! I want to say the improvements to east Ave are significant, and a massive step forward. Please remove a lane and include a protected bike lane asap! East Ave is far too dangerous to ride a bike in its current configuration. People need to start modifying driving habits, and lpd needs to be more proactive enforcing speed limits right now.

Please push for one lane of travel in each direction, and a protected bike lane.

Thank you,
Kevin Comerford
Livermore, CA 94550
Sent from my iPhone
ATTACHMENT 1
31 From:

To:

Date:
chris galli ventimiglio
City Clerk
Tuesday, June 6, 2023 12:27:51 PM
I strongly disagree with making east avenue one lane in each direction. I of the good things about livermore is our wide streets. Secondly why are we bending over backwards for bicyclist. I think giving them a lane is fine. Changing the turn lanes and adding all these poles is very confusing for drivers.

Are there more bicyclist than cars on the road now. Do they pay registration fees?. Are they required to obey the same driving rules?.

Please do not bow to the minority.

ATTACHMENT 1
32 CITY COUNCIL STAFF REPORT ITEM NO. 5.1
DATE: June 12, 2023
TO: Honorable Mayor and City Council
FROM: Marianna Marysheva, City Manager
SUBJECT: Approval of draft minutes - May 8, 2023 Regular Meeting.

RECOMMENDED ACTION
Staff recommends the City Council approve the draft minutes.

SUMMARY

DISCUSSION

ATTACHMENTS

1. 2023-05-08 Draft Minutes
Prepared by: Marie Weber
Deputy City Manager/City Clerk
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
33 MAY 8, 2023 Minutes CM/75/1

MINUTES

CITY COUNCIL
MAY 08, 2023
________________________________________________________________

REGULAR MEETING

2. CALL TO ORDER – The meeting of the City Council was called to order by Mayor John Marchand at 7:00 pm, held in person at 1016 S. Livermore Avenue and remotely using Zoom and YouTube.

ROLL CALL – Present: Mayor John Marchand, Vice Mayor Brittni Kiick and Council Members Ben Barrientos, Evan Branning and Robert W. Carling.

PLEDGE OF ALLEGIANCE

3. PROCLAMATIONS AND PRESENTATIONS

3.1 Proclamation designating May as Affordable Housing Month presented to Victoria Wong of MidPen Housing.

Mayor Marchand presented the proclamation to Victoria Wong declaring May as Affordable Housing Month.

3.2 Proclamation declaring May 21-27, 2023, as Public Works Week in the City of Livermore presented to Scott Lanphier, City of Livermore Public Works Director.

Mayor Marchand presented the proclamation to Scott Lanphier declaring May 21- 27, 2023 as Public Works Week.

3.3 Confirmation of Advisory Body appointments to the Beautification Committee, Commission for the Arts, and the Library Board of Trustees, and direct the City Clerk to administer the oath of office.

Beautification Committee
Reappointment to a regular term ending June 1, 2027
• Karen L. Jefferson
Commission for the Arts
Appointments to unexpired terms ending January 1, 2025
• Laurence E. Milder
• Rajagopal R. Kowligi
ATTACHMENT 1
34 CM/75/2 Minutes MAY 8, 2023
• Natalia Custodio
Library Board of Trustees
Appointments to regular terms ending June 1, 2026
• Michelle Ornat
• Nancy Olaverrieta

ON THE MOTION OF VM KIICK, SECONDED BY CM CARLING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL CONFIRMED THE APPOINTMENTS.

City Clerk Marie Weber administered the oath of office.

4. OPEN FORUM
Mayor Marchand opened the public comment period.

Marc Roberts provided a comment.

Alan Burnham provided a comment.

Marti Sutton provided a comment.

There were no more more speakers and the public comment period was closed.

5. CONSENT CALENDAR
Item 5.6 Alexandria Izarraraz provided a comment.

ON THE MOTION OF CM BARRIENTOS, SECONDED BY VM KIICK, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.

5.1 Approval of draft minutes - April 24, 2023 Regular Meeting.

5.2 Introduction of an Ordinance considering modifications to Livermore Municipal Code Section 2.40.030 Eligibility, clarifying the ability of members to serve on one standing or ad hoc advisory body at any time.

5.3 Resolution 2023-076 authorizing the execution of an agreement with Kemira Water Solutions, Inc., for the supply of ferric chloride for use at the Water Reclamation Plant in an amount not-toexceed $200,000.

5.4 Resolution of Intention 2023-077 to form Community Facilities District 2023-1 (Isabel Neighborhood Specific Plan) and Future Annexation Area pursuant to the Mello-Roos Community Facilities Act of 1982.

5.5 Resolution 2023-078 to terminate the water shortage emergency declared on September 27, 2021; deactivate all water use restrictions for Stage 1 ATTACHMENT 1
35 MAY 8, 2023 Minutes CM/75/3
and Stage 2 of the Water Shortage Contingency Plan; and deactivate Stage 1 water conservation rates.

5.6 Resolution 2023-079 authorizing the display of the rainbow pride flag for the month of June 2023.

6. PUBLIC HEARINGS

6.1 Hearing to approve the Livermore Sanitation, Inc. requested rate increase of 5.88% in the solid waste, recyclable materials, and compostable materials service rates to be effective July 1, 2023.

Recommendation: Staff recommended the City Council adopt a resolution finding that the index-based rate adjustment is consistent with the methodology in the Franchise Agreement, therefore approving a 5.88% increase in the Solid Waste, Recyclable Materials, and Compostable Materials Service rates as set forth in the revised Exhibit H which is attached as Exhibit A to the resolution, effective July 1, 2023.

Public Works Manager Judy Erlandson presented the staff report.

Mayor Marchand opened the public hearing.

There were no speakers and the hearing was closed.

ON THE MOTION OF VM KIICK, SECONDED BY CM CARLING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING
RESOLUTION:

Resolution 2023-080 finding that the index-based rate adjustment is consistent with the methodology in the Franchise Agreement, therefore approving a 5.88% increase in the Solid Waste, Recyclable Materials, and Compostable Materials Service rates as set forth in the revised Exhibit H which is attached as Exhibit A to the resolution, effective July 1, 2023

6.2 Hearing to introduce an ordinance amending Livermore Municipal Code (LMC) Chapter 9.40 - Fireworks, to include additional prohibitions and penalties related to the sale, possession, and use of fireworks.

Recommendation: Staff recommended the City Council City Council introduce an ordinance amending LMC Chapter 9.40 - Fireworks, adding a social hosting provision and administrative fines and penalties.

Police Sergeant Robert Lanam presented the staff report.

Mayor Marchand opened the public hearing.

There were no speakers and the hearing was closed.

ATTACHMENT 1
36 CM/75/4 Minutes MAY 8, 2023

ON THE MOTION OF CM CARLING, SECONDED BY VM KIICK AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL INTRODUCED THE FOLLOWING ORDINANCE:

Ordinance introduced amending Livermore Municipal Code (LMC) Chapter

9.40 - Fireworks, to include additional prohibitions and penalties related to the sale, possession, and use of fireworks.

7. MATTERS FOR CONSIDERATION – NONE.

8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS

THE MAYOR AND CITY COUNCIL MEMBERS PROVIDED A SUMMARY OF

RECENTLY ATTENDED EVENTS AND MEETINGS IN ADDITION TO THE INFORMATION PROVIDED IN THE SUPPLEMENTAL PACKET. COUNCIL

MEMBERS WHO DID NOT PROVIDE A SUMMARY IN THE SUPPLEMENTAL PACKET ARE INCLUDED BELOW.

Bothwell Art Show CM Barrientos noted his attendance at the event.

Education Foundation Fundraiser CM Carling noted his attendance at the event on April 27, 2023.

East Bay Jazz All Stars CM Carling noted his attendance at the Bankhead event on April 30, 2023.

Asian Heritage Celebration CM Carling noted his attendance at the event in Dublin on May 6, 2023.

9. ADJOURNMENT – at 8:12 pm to a Special Meeting on Monday, May 15, 2023 at 5:00 pm and a Regular City Council meeting on Monday, May 22, 2023 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S.

Livermore Avenue and virtually using Zoom.

APPROVED:

JOHN P. MARCHAND, MAYOR
ATTEST:

MARIE WEBER, CITY CLERK
ATTACHMENT 1
37 CITY COUNCIL STAFF REPORT ITEM NO. 5.2
DATE: June 12, 2023
TO: Honorable Mayor and City Council
FROM: Scott Lanphier, Public Works Director
SUBJECT: Resolution authorizing execution of an annual, interagency agreement with the Livermore-Pleasanton Fire Department Joint Powers Authority to provide fleet maintenance and repair services.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing execution of an annual, interagency agreement with the Livermore-Pleasanton Fire Department Joint Powers Authority (Authority) for the City of Livermore to provide preventive maintenance and repair services for Authority fire apparatus fleet as defined in the maintenance agreement.

SUMMARY
The Authority requests a maintenance agreement with the Fleet Section of the Public Works Department to provide maintenance and repair services on Authority owned vehicles and apparatus. The term of the proposed agreement is for three years with an option to extend for two additional one-year terms.

DISCUSSION
The Authority was formed on December 3, 1996, as a separate governmental entity pursuant to the Joint Powers Exercise of Powers Act. The Authority was created to merge the City of Livermore and City of Pleasanton individual fire departments and consolidate them into a single fire department to deliver more cost-effective fire protection services.

The staff in the Fleet Section of Public Works Department are specifically trained in the most up-to-date technology and methods to maintain the Authority’s fleet to the highest possible standards. The Fleet Section can also furnish the necessary labor and supplies needed to complete the necessary maintenance and repairs to keep the fleet in good repair.

FISCAL AND ADMINISTRATIVE IMPACTS
The Authority will be invoiced per the rates set forth in Exhibit B of the maintenance agreement. 38 COMMUNITY PILLAR
5: A City That Works
GOAL
14: Develop and maintain the City’s infrastructure, facilities, and property

ATTACHMENTS

1. Resolution

2. Exhibit A - Maintenance Agreement with LPFD
Prepared by: Marisa Gan
Management Analyst II
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
39 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING A MAINTENANCE AGREEMENT WITH

LIVERMORE-PLEASANTON FIRE DEPARTMENT JOINT POWERS

AUTHORITY TO PROVIDE FLEET MAINTENANCE AND REPAIR

SERVICES
The Fleet Section of the Public Works Department has been providing maintenance services of the fire apparatus fleet owned by the City of Livermore (City) and utilized by Livermore-Pleasanton Fire Department Joint Powers Authority (Authority) since its formation. The Authority purchases their own fire apparatus fleet and desires the City to continue to provide fleet maintenance services.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby:

1. Authorizes the City Manager to sign, on behalf of the City of Livermore, a three-year maintenance agreement between the CITY OF LIVERMORE and

LIVERMORE-PLEASANTON FIRE DEPARTMENT JOINT POWERS
AUTHORITY that may be extended for two additional one-year terms for maintenance and repair services for fire apparatus fleet. The Maintenance Agreement is attached hereto as Exhibit A.

2. Authorizes the City Manager to execute amendments to extend a three-year agreement between the City of Livermore and Livermore-Pleasanton Fire Department Joint Powers Authority in coordination with the Fire Chief for the Authority.

3. Authorizes the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.

For the purpose of extending this Agreement, the Fire Chief for the AUTHORITY and the City Manager for the CONTRACTOR have the authority to execute amendments to effectuate such extensions.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on June 12, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
40 RESOLUTION NO. ________
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Tara Mazzanti
Marie Weber Tara Mazzanti
City Clerk Assistant City Attorney
Exhibit A –Maintenance Agreement with LPFD
41 LIVERMORE-PLEASANTON FIRE DEPARTMENT

JOINT POWERS AUTHORITY FIRE APPARATUS FLEET

MAINTENANCE AGREEMENT

THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement) is made and entered into by and between the LIVERMORE-PLEASANTON FIRE DEPARTMENT JOINT POWERS AUTHORITY, a Joint Powers Authority of the State of California (the "AUTHORITY"), and the City of Livermore, a municipal corporation ("CONTRACTOR")

RECITALS
A. Whereas, the AUTHORITY requires the performance of maintenance services for its fire apparatus fleet, and
B. Whereas, the CONTRACTOR operates and maintains a fleet maintenance facility located at the City of Livermore's Maintenance Service Center at 3500 Robertson Park Road in Livermore, California, and
C. Whereas, the parties intend that this agreement supersede all other agreements between the AUTHORITY and CONTRACTOR, for fire apparatus fleet maintenance services.

NOW THEREFORE, THE PARTIES MUTUALLY AGREE ASFOLLOWS:

1. SCOPE OF SERVICES. CONTRACTOR shall perform the services described in Exhibit “A" attached hereto and incorporated herein by reference. The services shall be performed by, or under the direct supervision of, CONTRACTOR's Authorized Representative: City of Livermore Maintenance Division Manager or such other person as may be designated by the CONTRACTOR's Public Works Director.

2. TIME OF PERFORMANCE. Time is of the essence in the performance of services under this Agreement and the timing requirements set forth herein shall be strictly adhered to unless otherwise modified in writing in accordance with this Agreement.

CONTRACTOR shall commence performance and shall complete all required services no later than the dates set forth in Exhibit "A”. Any services for which times for performance are not specified in this Agreement shall be commenced and completed by CONTRACTOR in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONTRACTOR by AUTHORITY staff. CONTRACTOR shall submit all requests for extensions of time to the AUTHORITY in writing no later than ten (10) days after the start of the condition which purportedly caused the delay, and not later than the date on which performance is due. AUTHORITY staff shall grant or deny such requests at their sole discretion.

3. INDEPENDENT CONTRACTOR STATUS. CONTRACTOR is an independent contractor and is solely responsible for all acts of its employees, agents, or subcontractors, including any negligent acts or omissions. CONTRACTOR is not AUTHORITY's employee and CONTRACTOR shall have no authority, express or implied, to act on behalf of the AUTHORITY as an agent, or to bind the AUTHORITY to any obligation whatsoever, unless the AUTHORITY provides prior written authorization to CONTRACTOR. Contractors are free to work for other entitieswhile DocuSign Envelope ID: 2940792A-4A4E-4401-BFCB-EAB9DB2CDFAA

EXHIBIT A
42 LIVERMORE-PLEASANTON FIRE DEPARTMENT

JOINT POWERS AUTHORITY FIRE APPARATUS FLEET

MAINTENANCE AGREEMENT

under contract with the AUTHORITY.

4. CONFLICTS OF INTERESTS. CONTRACTOR (including its employees, agents, and subcontractors) shall not maintain or acquire any direct or indirect interest that conflicts with the performance of this Agreement. In the event that CONTRACTOR maintains or acquires such a conflicting interest, any contract (including this Agreement) involving CONTRACTOR's conflicting interest may be terminated by the AUTHORITY.

5. COMPENSATION.

5.1. For services performed by CONTRACTOR in accordance with this Agreement, AUTHORITY shall pay CONTRACTOR on a time and expense basis, at the billing rates set forth in Exhibit "B”, attached hereto and incorporated herein by reference.

CONTRACTOR's billing rates shall cover all costs and expenses of every kind and nature for CONTRACTOR's performance of this Agreement. No work shall be performed by CONTRACTOR in excess of the Not to Exceed amount of $350,000 without the prior written approval of the AUTHORITY.

5.2. CONTRACTOR shall submit monthly invoices to the AUTHORITY describing the services performed, including times, dates, and names of persons performing the service.

5.3. Within thirty (30) days after the AUTHORITY's receipt of invoice, AUTHORITY shall make payment to the CONTRACTOR based upon the services described on the invoice and approved by the AUTHORITY.

5.4. Commencing July 1, 2023, and on each July 1st thereafter, CONTRACTOR shall review and adjust the billing rates set forth in Exhibit “B”. In no event shall an adjustment result in a rate increase of more than the amount of the percentage increase in the Consumer Price Index for all Urban Consumers (CPI-U) in the San Francisco-Oakland-Hayward, California area from the prior calendar year's CPI rate in April. The adjustment rates shall be effective beginning July 1st of the year in which they are adjusted by the CONTRACTOR.

6. TERM.

6.1. The term of this agreement shall be for three years commencing on July 1, 2023 and terminating on June 30, 2026. The Agreement may be extended for two additional terms of one year each by the mutual written agreement of the parties.

For the purposes of extending this Agreement, the Executive Director for the AUTHORITY and the City Manager for the CONTRACTOR have authority to execute amendments to effectuate such extensions.

6.2. Either the AUTHORITY or CONTRACTOR may terminate this Agreement by giving one hundred eighty days (180) days written notice to the other party. Upon DocuSign Envelope ID: 2940792A-4A4E-4401-BFCB-EAB9DB2CDFAA

EXHIBIT A
43 LIVERMORE-PLEASANTON FIRE DEPARTMENT

JOINT POWERS AUTHORITY FIRE APPARATUS FLEET

MAINTENANCE AGREEMENT

termination, CONTRACTOR shall give the AUTHORITY all original documents, including preliminary drafts and supporting documents, prepared by CONTRACTOR for this Agreement. The AUTHORITY shall pay CONTRACTOR for all services satisfactorily performed in accordance with this Agreement.

7. ATTORNEY'S FEES. In the event any legal action is commenced to enforce this Agreement, the prevailing party is entitled to reasonable attorney's fees, costs, and expenses incurred.

8. INDEMNIFICATION. CONTRACTOR shall indemnify, defend, and hold harmless the AUTHORITY (Including its elected officials, officers, agents, volunteers, and employees) from and against any and all claims, demands, damages, liabilities, costs, and expenses (including court costs and attorney's fees) resulting from or arising out of CONTRACTOR’S negligent performance of services under this Agreement; except for the willful misconduct of AUTHORITY .

9. INSURANCE.

9.1. General. CONTRACTOR shall, throughout the duration of this Agreement, maintain insurance to cover CONTRACTOR, its agents, representatives, and employees in connection with the performance of services under this Agreement at the minimum levels set forth herein. CONTRACTOR may satisfy these insurance requirements with self-insurance and/or through participation in a risk management joint powers authority.

9.2. Commercial General Liability (with coverage at least as broad as ISO coverage form CG 00 01 01 96) “per occurrence” coverage shall be maintained in an amount not less than $2,000,000 general aggregate and $1,000,000 per occurrence for general liability, bodily injury, personal injury, and property damage.

9.3. Automobile Liability (with coverage at least as broad as ISO form CA 00 01 07 97, for “any auto”) "claims made'" coverage shall be maintained in an amount not less than $1,000,000 per accident for bodily injury and property damage.

9.4. Workers' Compensation coverage shall be maintained as required by the State of California.

9.5. Endorsements. CONTRACTOR shall obtain endorsements to the automobile and commercial general liability with the following provisions.

9.5.1. The AUTHORITY (including its member agencies' elected officials, officers, employees, agents, and volunteers) shall be named as an additional "insured" or an additional "Covered Party."

9.5.2. For any claims related to this Agreement, CONTRACTOR's coverage shall be primary insurance with respect to the AUTHORITY. Any insurance maintainedby DocuSign Envelope ID: 2940792A-4A4E-4401-BFCB-EAB9DB2CDFAA

EXHIBIT A
44 LIVERMORE-PLEASANTON FIRE DEPARTMENT

JOINT POWERS AUTHORITY FIRE APPARATUS FLEET

MAINTENANCE AGREEMENT

the AUTHORITY shall be excess of the CONTRACTOR's insurance and shall not contribute with it.

9.6. Notice of Cancellation. CONTRACTOR shall obtain endorsements to all insurance policies by which each insurer is required to provide thirty (30) days prior written notice to the AUTHORITY should the policy be canceled before the expiration date. For the purpose of this notice requirement, any material change in the policy prior to the expiration shall be considered a cancellation.

9.7. Authorized Insurers. All insurance companies providing coverage to CONTRACTOR shall be insurance organizations authorized by the Insurance Commissioner of the State of California to transact the business of insurance in the State of California, provided, however that CONTRACTOR may satisfy these insurance requirements through self-insurance and/or through participation in a risk management joint powers authority

9.8. Insurance Certificate. CONTRACTOR shall provide evidence of compliance with the insurance requirements listed above by providing a certificate of insurance, or a certificate of an Additional Covered Party in a form satisfactory to the AUTHORITY, no later than five (5) days after the execution of this Agreement.

9.9. Substitute Certificates. No later than thirty (30) days prior to the policy expiration date of any Insurance policy required by this Agreement, CONTRACTOR shall substitute certificate of insurance.

9.1. CONTRACTOR’S Obligation. Maintenance of insurance by the CONTRACTOR as specified in this Agreement shall in no way be interpreted as relieving the CONTRACTOR of any responsibility whatsoever (Including indemnity obligations under this Agreement), and the CONTRACTOR may carry, at its own expense, such additional insurance as it deems necessary.

10.ASSIGNMENT AND DELEGATION. This Agreement and any portion thereof shall not be assigned or transferred, nor shall any of the CONTRACTOR's duties be delegated, without the written consent of the AUTHORITY. Any attempt to assign or delegate this Agreement without the written consent of the AUTHORITY shall be void and of no force and effect. A consent by the AUTHORITY to one assignment shall not be deemed to be a consent to any subsequent assignment.

11.NOTICES.

11.1. All notices, demands, or other communications which this Agreement contemplates or authorizes shall be in writing and shall be personally delivered or mailed to the respective party as follows:

DocuSign Envelope ID: 2940792A-4A4E-4401-BFCB-EAB9DB2CDFAA

EXHIBIT A
45 LIVERMORE-PLEASANTON FIRE DEPARTMENT

JOINT POWERS AUTHORITY FIRE APPARATUS FLEET

MAINTENANCE AGREEMENT

To AUTHORITY: To CONTRACTOR:

Livermore-Pleasanton Fire Department City of Livermore
Joint Powers Authority 1052 South Livermore Avenue
3560 Nevada Street Livermore, CA 94550
Pleasanton, CA 94566 Attn: City Manager
Attn: Business Manager
With a copy to: With a copy to:

Authority Fire Chief Public Works Director
3560 Nevada Street 3500 Robertson Park Road
Pleasanton, CA 94566 Livermore, CA 94550

11.2. Communications shall be deemed to have been given and received on the first to occur of: (1) actual receipt at the address designated above, or (2) three working days following the deposit in the United States Mail of registered or certified mail, sent to the address designated above.

12.MODIFICATIONS. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both parties.

13.WAIVERS. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement.

14.SEVERABILITY. In the event any term of this Agreement is held invalid by a court of competent jurisdiction, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in full force and effect.

15.JURISDICTION AND VENUE. The interpretation, validity, and enforcement of the Agreement shall be governed by and construed under the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County ofAlameda.

16.ENTIRE AGREEMENT. This Agreement comprises the entire integrated understanding between the parties concerning the services to be performed for this project. This Agreement supersedes all prior negotiations, representations, or agreements.

17.COMPLIANCE WITH THE LAW. CONTRACTOR shall comply with all local, state, and federal laws, whether or not said laws are expressly staled in thisAgreement.

18.STANDARD OF CARE. Unless otherwise specified in this Agreement, the standard of care applicable to CONTRACTOR's services will be the degree of skill and diligence ordinarily used by reputable professionals performing in the same or similar time and locality, and under the same or similar circumstances.

DocuSign Envelope ID: 2940792A-4A4E-4401-BFCB-EAB9DB2CDFAA

EXHIBIT A
46 19.SIGNATURES. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONTRACTOR and the AUTHORITY. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.

IN WITNESS WHEREOF the parties do hereby agree to the full performance of the terms set forth herein.

LIVERMORE-PLEASANTON

FIRE DEPARTMENT

JOINT POWERS AUTHORITY CITY OF LIVERMORE
By: Gerry Beaudin By: Marianna Marysheva
Title: LPFD JPA Joint Executive Director Title: City Manager Date: Date:

Attest:

By: Jocelyn Kwong
Title: LPFD JPA Clerk
Date:

Approved As To Form: Approved As To Form:

By: Daniel Sodergren By: Tara Mazzanti
Title: General Counsel Title: Assistant City Attorney
LPFD JPA City of Livermore
Date: Date:

Exhibit A – Scope of Services
Exhibit B – Cost and Fee Schedule
DocuSign Envelope ID: 2940792A-4A4E-4401-BFCB-EAB9DB2CDFAA 5/30/2023 | 9:36 AM PDT
6/5/2023 | 6:30 PM PDT
6/5/2023 | 6:52 PM PDT
6/6/2023 | 9:27 AM PDT

EXHIBIT A
47 EXHIBIT A

SCOPE OF SERVICES
General
CONTRACTOR understands that LPFD JPA has the right to approve all persons performing work on this project.

Scheduling of Service
CONTRACTOR shall perform all routine maintenance and repair work at CONTRACTOR’s Maintenance Service Center. CONTRACTOR shall endeavor to maintain consistent interaction with LPFD JPA staff in order to provide the best possible customer service to the LPFD JPA. When needed, CONTRACTOR is capable of performing repairs off-site and shall dispatch a qualified mechanic(s) equipped with specialized tools and supplies if necessary.

CONTRACTOR shall respond to LPFD JPA staff for any request for emergency repairs within a twohour period, during normal business hours, from the time an authorized CONTRACTOR representative is contacted, subject to terms and conditions agreed upon by both parties as a part of the agreement between LPFD JPA and CONTRACTOR.

All routine and regular maintenance activities shall be scheduled to occur at regular intervals. The maintenance requirements and intervals shall be established based upon accepted industry standards, the equipment’s requirements and mandated servicing requirements.

CONTRACTOR shall work with LPFD JPA staff to establish an annual maintenance schedule that is updated on a monthly basis. The recommended service schedules for all apparatus are determined by the type of apparatus, manufacturer’s requirements and mandated maintenance and servicing requirements.

Servicing frequency is commonly based upon the date and time of the previous servicing of the apparatus or other factor(s) that may arise and require specific attention CONTRACTOR shall work with LPFD JPA staff to establish a mutually agreed upon maintenance schedule on a monthly basis. The maintenance schedule for the upcoming month shall be established during the third week of the previous month. Once a schedule is established for the month, the schedule shall be transmitted to the LPFD JPA’s representative for approval. Apparatus that are scheduled for routine inspection and repair shall receive first priority for servicing. All work shall be completed promptly and in accordance with the established maintenance schedule. Unscheduled work shall be completed as quickly as possible.

LPFD JPA’s representative shall authorize unscheduled repairs for any of LPFD JPA’s apparatus prior to giving permission to proceed with any repairs. A cost estimate shall be provided summarizing the circumstances and the estimated schedule to complete the repairs.

DocuSign Envelope ID: 2940792A-4A4E-4401-BFCB-EAB9DB2CDFAA

EXHIBIT A
48 Requests for towing services are considered an unscheduled service and shall be completed by CONTRACTOR’s authorized towing service company or agency in compliance with CONTRACTOR’s existing terms and conditions.

Time of Performance
CONTRACTOR shall endeavor to complete all scheduled services at the CONTRACTOR’s Maintenance Service Center within a timely manner. CONTRACTOR understands the importance of having emergency service vehicles available for use and shall dutifully endeavor for all LPFD JPA apparatus to receive the highest priority and complete all work in a timely manner. First priority shall be assigned to all emergency vehicles on an as needed basis.

Unforeseen apparatus repairs of LPFD JPA’s equipment shall be expedited so that the equipment is back in service as quickly as possible. CONTRACTOR shall dedicate mechanics to complete unscheduled and scheduled repairs to all emergency vehicles.

All services provided by CONTRACTOR at any time outside of CONTRACTOR’s normal business hours, other than a scheduled repair or service, shall be considered unscheduled emergency service.

CONTRACTOR’s business hours are from 7:00 a.m. to 3:30 p.m., Monday through Thursday and Friday 6:00 a.m. to 2:30 p.m., excluding approved CONTRACTOR holidays. CONTRACTOR shall provide LPFD JPA with a schedule of any holidays or other closures that vary from normal business hours.

During normal business hours, CONTRACTOR shall provide a mechanic and equipment as needed for unscheduled services and endeavor to respond within a two-hour time frame from receiving notification from LPFD JPA’s representative.

After-hours unscheduled emergency service is not guaranteed due to limited staffing. If staff is available then Contractor will endeavor to supply a mechanic and equipment to perform the service in a timely manner.

Transportation
CONTRACTOR shall, at the sole discretion of LPFD JPA, provide transportation of the LPFD JPA’s apparatus to and from a designated location within the South County Fire LPFD JPA’s jurisdictional area to CONTRACTOR’S Maintenance Service Center or to an authorized service provider. The specific location shall be at the discretion of the LPFD JPA. CONTRACTOR shall only utilize properly licensed CONTRACTOR employees that meet LPFD JPA’s requirements to transport LPFD JPA’s apparatus.

CONTRACTOR requires that LPFD JPA make available a reasonable location for CONTRACTOR to park a vehicle after LPFD JPA’s equipment is transported to the designated location and/or being serviced at such location.

CONTRACTOR shall stay qualified and capable of providing an appropriately licensed and competent mechanic and necessary tools and equipment to respond to an urgent situation or to transport apparatus to CONTRACTORS Maintenance Service Center or other designated location when necessary. This shall include situations arising both during and after normal business hours of LPFD JPA and CONTRACTOR.

DocuSign Envelope ID: 2940792A-4A4E-4401-BFCB-EAB9DB2CDFAA

EXHIBIT A
49 Specialized Repairs
For repairs and servicing needs that CONTRACTOR cannot effectively complete at the Maintenance Service Center, CONTRACTOR shall recommend other service providers. No repairs shall be conducted by any service provider other than the CONTRACTOR without prior approval of the LPFD JPA. CONTRACTOR shall coordinate completing such repairs with approved service providers. LPFD JPA shall be contacted and advised regarding the status of apparatus and recommendation to resolve the problem. Specialized service providers are typically used for the following types of services: tire repair and replacement, suspension repairs, glass work, upholstery, body repairs, towing, rebuilding large pumps, completing major repairs, major engine and transmission reconstruction or repair and similar specialized tasks.

Maintenance and Service Records
CONTRACTOR shall maintain maintenance records for all apparatus it maintains for LPFD JPA. The maintenance records shall include electronic files of documents and maintenance records in CONTRACTOR’s fleet management software program. Maintenance reports and copies of service records shall be provided to the LPFD JPA upon request.

CONTRACTOR is capable of developing asset depreciation and replacement information for LPFD JPA.

CONTRACTOR shall work cooperatively with LPFD JPA’s representative(s) to establish information on all of LPFD JPA’s equipment and develop a depreciation and replacement plan at no additional cost to LPFD JPA.

LPFD JPA’s and CONTRACTOR’s representatives shall conduct a review of the services the CONTRACTOR provides on a biannual basis. CONTRACTOR shall provide a summary of the services completed and report on CONTRACTOR’s performance pertaining to the work provided at no additional cost to LPFD JPA.

City of Livermore Fleet Maintenance Staff
CONTRACTOR’s Fleet Maintenance Section consists of a supervisor, a senior mechanic, four vehicle and equipment mechanics, and a parts specialist. The supervisor and all of the mechanics are required to possess current Class “A” commercial driver’s licenses with tanker endorsement and are randomly drug and alcohol tested in accordance with CONTRACTOR’s Administration Rules and Regulations and the State of California Commercial Driver’s License Program requirements.

Annually the CONTRACTOR will supply a list of the employees that are performing the maintenance and repairs to the Authorities Apparatus Fleet.

Supervisor -1
Senior Mechanic -1
Mechanics - 4
Specialty Parts Worker -1
DocuSign Envelope ID: 2940792A-4A4E-4401-BFCB-EAB9DB2CDFAA

EXHIBIT A
50 Inspection and Service Schedules
Service Schedules:
o “A” Service (approximately every 3 months)
o “C” Service (approximately every 18 months)
o “M” Service - Commercial Inspections (B.I.T.) (every 90 days) o “O” Service - Opacity Test (annually)
“A” SERVICE – Every three months/ 4,000 miles/ 150 engine hours Services Included:
• Change engine oil and oil filter(s)
• 54 point inspection
• Repairs below the established cost threshold are completed during the service Engine compartment:
• Pressure test cooling system
• Check radiator level, leaks and core
condition
• Check all cooling system hoses for
leaks and condition
• Check power steering reservoir and
hoses for leaks and condition
• Fill windshield washer reservoir
• Check air filter element (replace as
necessary)
• Check throttle operation
• Check fuel system and smog devices for
proper operation
• Check all belts, proper tension and
condition
• Load test batteries and clean terminals
• Check A/C sight glass and hoses for
leaks and condition
• Check transmission fluid level and
condition
• Check charging system for rated
amperage and voltage
• Replace air compressor filter
• Check air compressor recovery time
• Check air dryer operation
• Check for air leaks
• Check air inlet plumbing for leaks
• Check turbo seals
• Check transfer case oil level
• Check hydraulic tank level
• Check hydraulic system
components/leaks
Undercarriage:
• Lubricate all chassis fittings
• Check differential levels
• Check exhaust system for damage and
leaks
• Check for leaks in engine,
transmission, axles and shocks
• Check engine and transmission mounts
• Check driveshaft(s) and universal joints
• Inspect all steering components &
mounts
• Check king pins and wheel bearings
(looseness)
• Check drag link and idler arm
(looseness)
• Check tie rod and tie rod ends
(looseness)
• Check service and parking brakes
• Check all brake components
• Check center bolts and “U” bolts
• Check spring shackles, pins and
clamps
• Tighten all chassis bolts and spring
hangers
• Drain water tanks
• Check tire pressure, condition and
wear pattern
• Check wheels, lug nuts and studs
DocuSign Envelope ID: 2940792A-4A4E-4401-BFCB-EAB9DB2CDFAA

EXHIBIT A
51 Exterior
• Check windshield wipers
• Check all body glass and mirrors
• Lubricate all door and hood hinges
• Check and repair running lights
Interior:
• Check all dash instruments and switch
functions
• Check upholstery, floor mats and other
trim
• Check seat belt operation
Operations/Functions
• Check all emergency lighting and
operation
• Check power take off (P.T.O) operation
• Check primer pump(s) and fire pump(s) operation
• Exercise all function valves
• Hook to hydrant and test relief valve
and TPM valve if equipped
• Road test engine-trans-suspensionbraking and steering DocuSign Envelope ID: 2940792A-4A4E-4401-BFCB-EAB9DB2CDFAA

EXHIBIT A
52 “C” SERVICE – every 18 months / 24,000 miles
Services included:
• Change engine oil and oil filter(s)
• Automatic transmission service
• Cooling system service
• Differential service
• Transfer case service
• Valve adjustment (if necessary)
• Injector adjustment (if necessary)
• Tune-up engine per manufacturer’s specifications
Engine Compartment:
• Pressure test cooling system
• Check radiator level, leaks and core
condition
• Check all cooling system hoses for
leaks and condition
• Check power steering reservoir and
hoses for leaks and condition
• Fill windshield washer reservoir
• Check air filter element (replace as
necessary)
• Check throttle operation
• Check fuel system and smog devices for
proper operation
• Check all belts, proper tension and
condition
• Load test battery and clean terminals
• Check A/C sight glass and hoses for
leaks and condition
• Check transmission fluid level and
condition
• Check charging system for rated
amperage and voltage
• Replace air compressor filter
• Check air compressor recovery time
• Check air dryer operation
• Check for air leaks
• Check air inlet plumbing for leaks
• Check turbo seals
• Check transfer case oil level
• Check hydraulic tank level
• Check hydraulic system
components/leaks
Undercarriage:
• Lubricate all chassis fittings
• Check differential levels
• Check exhaust system for damage and
leaks
• Check for leaks in engine,
transmission, axles and shocks
• Check engine and transmission mounts
• Check driveshaft(s) and universal joints
• Inspect all steering components &
mounts
• Check king pins and wheel bearings
(looseness)
• Check drag link and idler arm
(looseness)
• Check tie rod and tie rod ends
(looseness)
• Check service and parking brakes
• Check all brake components
• Check center bolts and “U” bolts
• Check spring shackles, pins and
clamps
• Tighten all chassis bolts and spring
hangers
• Drain water tanks
• Check tire pressure, condition and
wear pattern
• Check wheels, lug nuts and studs
DocuSign Envelope ID: 2940792A-4A4E-4401-BFCB-EAB9DB2CDFAA

EXHIBIT A
53 Exterior
• Check windshield wipers
• Check all body glass and mirrors
• Lubricate all door and hood hinges
• Check and repair running lights
Interior:
• Check all dash instruments and switch
functions
• Check upholstery, floor mats and other
trim
• Check seat belt operation
Operations/Functions
• Check all emergency lighting and
operation
• Check power take off (P.T.O) operation
• Check fire pump(s) operation
• Exercise all function valves
• Hook to hydrant and test relief valve
and TPM valve if equipped
• Road test eng-trans-suspensionbraking and steering
“M” SERVICE – Biennial Inspection Terminal (B.I.T) 90 day Inspection This service complies with the California Commercial Motor Vehicle Safety Act of 1988. This program is inspected by the California Highway Patrol on a biennial basis. “O” SERVICE – Opacity Testing
This is the annual testing required by the California Air Resources Board under the California Code of Regulations, Title 13 Sections, 2180-2189 Heavy Duty Vehicle Inspection Program and Sections, 2190- 2194 Periodic Smoke Inspection Program

SPECIALIZED WORK
Repairs that require a certain particular expertise that is more effectively completed by a specialty repair facility shall be outsourced. CONTRACTOR shall utilize approved service providers to perform these types of services with the approval of LPFD JPA. CONTRACTOR shall not charge parts markup in addition to outside service provider’s markup for outsourced work.

Emergency Repairs
Repairs or other services after normal working hours (Monday through Thursday 7:00 am – 3:30 pm and Fridays 6:00 am – 2:30 pm) may be requested by the LPFD JPA.

DocuSign Envelope ID: 2940792A-4A4E-4401-BFCB-EAB9DB2CDFAA

EXHIBIT A
54 EXHIBIT B

COST AND FEE SCHEDULE
City of Livermore Shop Rate $129.37 Per Hour $135.68 Per Hour Service Call Rate* $129.37 Per Hour $135.68 Per Hour
Parts and Supplies
Apparatus pick
‐
up and delivery $129.37 Per Occurrence $135.68 Per Hour “A” Service $786.65 Per Occurrence 3-6 hours Labor per service** ”C” Service $1,601.68 Per Occurrence 4-12 hours Labor per service** “O” Inspection $129.37 Per Occurrence $135.68 Per Occurrence “M” Inspection $129.37 Per Occurrence $135.68 Per Occurrence Servicing and Supplies
Towing Services (per towing request)
Mechanic and Equipment after hours CaII-out Rate $388.10 Per Occurrence $203.52 Per Hour*** After Hours Transportation $203.52 Per Hour
Parts and Supplies

4.9%
Effective July 1, 2023
Invoices for services are processed and delivered monthly. Payments are due to CONTRACTOR’s finance department within 30 days of the date of the invoice.
actual cost plus 15%**
actual cost plus 15%**
actual cost plus 15%**
Invoicing Payments
* Minimum 2 hours, labor time includes travel to and from call-out location. ** Maintenance hours based on manufacture requirements and vehicle specific needs.

CPI Increase
City of Livermore (CONTRACTOR) will comply with the industry standards pertaining to the standard warranties on maintenance services. CONSULTANT warrants all parts and work performed by CONSULTANT for 90 days, 4,000 miles, or 150 hours. Parts manufacturer’s warranties will be applicable and utilized whenever applicable.

Repairs and Services (Normal Business Hours)
Scheduled Services
Transportation by authorized Fleet Staff (Normal Business Hours) Sublet Services
After Hours Repairs/Transportation (outside City of Livermore normal business hours) Warranty
** Part and supply costs greater than $1,000.00 will be charged a $150.00 flat rate covering the cost of procurement and processing.
**Service and supply costs greater than $1,000.00 will be charged a $150.00 flat rate covering the cost of administering the service and invoice payment processing.

In the event the Livermore-Pleasanton Fire Department JPA is advised of Livermore's need to sublet services, the Authority reserves the right to obtain services from a vendor in lieu of CONSULTANT on its own. **Part and supply costs greater than $1,000.00 will be charged a $150.00 flat rate covering the cost of procurement and processing.
actual cost plus 15%**
*** Minimum 3 hours

4.2%
Effective July 1, 2022
DocuSign Envelope ID: 2940792A-4A4E-4401-BFCB-EAB9DB2CDFAA

EXHIBIT A
55 CITY COUNCIL STAFF REPORT ITEM NO. 5.3
DATE: June 12, 2023
TO: Honorable Mayor and City Council
FROM: Paul Spence, Community Development Director
SUBJECT: Resolution authorizing execution of an agreement with Barry & Wynn Architects, Inc. to provide on-call architectural services in an amount not-to-exceed $300,000.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with Barry & Wynn Architects, Inc., in an amount not-to-exceed $300,000, for on-call architectural services.

SUMMARY
This agreement is for on-call architectural services. These services are typically required for existing City buildings and include estimating the scope and cost for repairs, remodels, or expansions. This information is used to evaluate potential new projects. This agreement also covers architectural services for upcoming small capital improvement projects. Barry & Wynn Architects, Inc. has been assisting the City with a number of building projects over the last 10 years and has proven to be knowledgeable, creative, responsive, and reasonably priced. This agreement covers on-call services for a two-and-ahalf-year period and authorizes the City Engineer to approve work related to the agreement within the overall contract amount of $300,000 when consistent with existing appropriations.

DISCUSSION
The City owns 42 main buildings at 21 locations valued at over $130 million. Buildings include City Hall, Police Facilities, libraries, fire stations, historic buildings, the Water Reclamation Plant, Maintenance Service Center, and others. The Engineering Division frequently receives requests from different departments to evaluate potential repairs, remodels, and expansions of these facilities. This on-call architectural agreement will help the Engineering Division be responsive to these requests.

The following services are covered under this agreement:

Preliminary studies and cost estimates
Design services for repairs, remodeling, and building expansions Structural, mechanical, plumbing, and electric design support 56 Renderings and technical specifications
Plan check support
Construction support services such as submittal reviews, responding to requests for information, inspections, etc.

Design of new building projects
Architectural design services for small building projects may be covered under this agreement.

Upcoming small building projects include Uninterrupted Power Supply (UPS) Replacements at Civic Center, Recoating of Civic Center Library, City Hall Roof Repairs. Maintenance Service Center Coating Protection, Civic Center Library Generator Upgrade, Civic Center Library Teen Space Improvement, and Multi-Service Center Flooring, Kitchen, & ADA Improvements. The City will request proposals from architectural firms for upcoming large building projects such as the Fleet Shop Expansion, Police Storage Facility, Fire Station 6 Remodel, and Police Building Renovations.

Barry & Wynn Architects has been assisting the City with a number of building projects over the last 10 years. These projects include the Real Time Awareness Center at the Police Building, Multi-Service Center Renovations, COVID Hardening of City Facilities, and New Offices at the Water Reclamation Plant. They have proven to be knowledgeable, reasonably priced, and responsive. One of their strengths is finding design solutions that take into account project budgets and their client's needs. Their cost estimates have been very accurate. They have been helpful during construction responding to requests, reviewing submittals, and providing specialty inspections.

This Agreement covers up to $300,000 in on-call architectural services through December 31, 2025.

FISCAL AND ADMINISTRATIVE IMPACTS
Services received under this agreement will be paid from capital improvement projects in the approved 2023-2028 Capital Improvement Plan and the Engineering Operating Budget for miscellaneous consultant services; therefore, no additional appropriation is necessary.

COMMUNITY PILLAR
5: A City That Works
GOAL
14: Develop, operate, and maintain the City's infrastructure

GUIDING DOCUMENT
2023-2028 Capital Improvement Plan

ATTACHMENTS

1. Resolution

2. Exhibit A - Engineering Services Agreement with Barry & Wynn Architects, Inc.

Prepared by: Joel Waxdeck
Assistant City Engineer
57 Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
58 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH BARRY & WYNN ARCHITECTS, INC. TO PROVIDE ON-CALL ARCHITECTURAL SERVICES IN AN AMOUNT NOT-TO-EXCEED $300,000
This agreement is for on-call architectural services. These services are typically required for existing City buildings and include estimating the scope and cost for repairs, remodels, or expansions. This information is used to evaluate potential new projects. This agreement also covers architectural services for upcoming small capital improvement projects. Barry & Wynn Architects, Inc. has been assisting the City of Livermore with several building projects over the last 10 years and has proven to be very knowledgeable, creative, responsive, and reasonably priced. This agreement covers on-call services for a two-and-a-half-year period and authorizes the City Engineer to approve work related to the agreement within the overall contract amount of $300,000 when consistent with existing appropriations.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby authorizes the City Manager to execute an Engineering Services Agreement with Barry & Wynn Architects, Inc., attached hereto as Exhibit A, in an amount not-to-exceed $300,000, for on-call architectural services.

On motion of Council Member _________________________, seconded by Council Member ________________________, the foregoing resolution was passed and adopted on June 12, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Tara Mazzanti
Marie Weber Tara Mazzanti
City Clerk Assistant City Attorney
Exhibit A – Engineering Services Agreement with Barry & Wynn Architects, Inc. 59 ENGINEERING SERVICES AGREEMENT

ON AN ON-CALL BASIS
THIS AGREEMENT is made and entered into this ____ day of ________, 20 , (“Effective Date”) by and between the City of Livermore, a municipal corporation (“City”), and Barry & Wynn Architects, Inc., a California corporation) (“Consultant”).

RECITALS
City requires engineering services to provide on-call architectural services for various Capital Improvement Projects.

Consultant warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement. Consultant acknowledges City has relied upon these warranties to retain Consultant.

AGREEMENT
NOW, THEREFORE, City and Consultant hereby agree that the aforementioned recitals are true and correct and further agree as follows:

1. Retention as Consultant. City hereby retains Consultant, and Consultant hereby accepts such engagement, to perform the services described in Section 3 below subject to the terms and conditions in this Agreement.

2. Relationship of Parties – Independent Contractors. The relationship of the parties shall be that of independent contractors. Consultant and its employees are not City officers or employees. Consultant is responsible for the supervision and management of its employees, including any workers compensation insurance, withholding taxes, unemployment insurance, and any other employer obligations associated with the delivery of the services contemplated by this Agreement.

3. Description of Services. Consultant shall provide the following engineering services as more particularly set forth in Exhibit “A” (collectively “the Services”):

Provide on-call architectural services for various Capital Improvement Projects These services shall be ordered as needed pursuant to individual written project assignment orders issued by the City and approved by the City Engineer. Project assignments will include a scope of work and budget to provide standards to determine when City will deem that project complete. City also reserves the right not to order any services or expend any money pursuant to this Agreement.

4. Consultant Responsibilities. Consultant shall:

DocuSign Envelope ID: 798D55F9-C25B-4198-A368-D92EF106FC59

EXHIBIT A
60 (a) Consultant shall investigate and verify all existing site conditions for the Project and take them into account when preparing the Project’s design even when "As Built" or "Record Drawings" are used by Consultant.
(b) Consultant shall review and respond to construction submittals and shop drawings within fourteen (14) calendar days following their receipt by Consultant; requests for information with comments noted thereon shall be reviewed and responded to within seven (7) working days following their receipt by the Consultant. (c) Diligently perform the Services in a manner commensurate with industry, professional, and community standards;
(d) Provide the resources necessary to complete the Services in a timely manner;
(e) Obtain a business license from the City of Livermore, and keep it in effect for the term of this Agreement;
(f) Obtain and keep in effect all necessary licenses, permits, qualifications, insurance, and approvals legally and professionally required for Consultant to practice its profession and to provide the Services;
(g) Comply with all laws in effect that are related to Consultant and the Services;
(h) Coordinate the Services with Joel Waxdeck (“Project Manager”), or such other person designated as the Project Manager by City; (i) Be available to the Project Manager, and other parties referred to Consultant by the Project Manager, to answer questions or inquiries related to the Services;
(j) Only invoice City for the Services rendered. Consultant’s invoice shall be in writing and describe the Services performed for the payment requested. Consultant shall not submit an invoice to City more frequently than once a month; (k) Keep and maintain invoices and records related to the Services in an organized manner. At a minimum, the records must be kept for at least 3 years from the date of final payment to Consultant and must include time sheets, work progress reports, and other documentation to adequately explain all the Services invoiced for payment.

Consultant shall make the invoices and records immediately available to City upon delivery of a written request to examine, audit, or copy them at City’s place of business during normal business hours. Consultant shall give City 30 calendar-days’ written notice prior to destroying the invoices and records, and allow City an opportunity to take possession. If City wants them, Consultant and City shall coordinate their delivery to City in the most efficient manner possible;
DocuSign Envelope ID: 798D55F9-C25B-4198-A368-D92EF106FC59

EXHIBIT A
61 (l) Prepare and submit a written report to the Project Manager, with each invoice and when requested in writing by the Project Manager, that identifies the Services completed and in progress, the charges incurred to date, and the anticipated cost to complete the remaining Services; and,
(m) Consultant shall correct, at its own expense, all errors in the Services.

Should Consultant fail to make such correction in a timely manner, City may make the correction and charge the cost thereof to Consultant.
(n) Consultant’s services provided pursuant to this Agreement shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA.

5. Probable Construction Cost Estimate. The design developed, prepared, and delivered by Consultant in accordance with this Agreement is for the development and construction of the Project, the construction of which shall be awarded through competitive bidding. City shall be entitled to rely upon Contractor’s work prepared, and delivered in accordance with this Agreement in order to solicit such bids. Consultant, therefore, shall prepare an engineer’s opinion of probable construction cost estimate. If the lowest of three or more bids received by City for the Project varies from the engineer’s opinion of probable construction cost estimate by more than 15% and is due to Consultant’s failure to comply with this Agreement, including Exhibit “A”, or its negligent failure to perform pursuant to industry standards for the design work involved, Consultant, if directed by City, shall redesign the project at no additional cost to City to meet the original engineer’s cost estimate.

6. Compensation and Payment.
(a) The total compensation payable by City to Consultant for the Services SHALL NOT EXCEED the sum of $300,000 ("not-to-exceed amount"). City shall compensate Consultant for the Services rendered at the hourly rates, task amounts, or travel expenses set forth in Exhibit “A” up to the not-to-exceed amount. Except as provided in the body of this Agreement, the hourly rates, task amounts, or travel expenses are intended to be Consultant’s only compensation for the Services and is inclusive of all costs of labor, licensing, permitting, overhead and administrative costs, and any-and-all other costs, expenses, and charges incurred by Consultant, its agents, and employees to provide the Services.
(b) City shall pay Consultant no later than 30 days after City receives a written invoice from Consultant and verifies the Services were performed for the payment requested.

7. Term. The term of this Agreement commences on the Effective Date and terminates upon the depletion of funds or December 31, 2025, whichever occurs first.

8. Delay Damages. Time is of the essence for this Agreement. Upon receipt of a written notice to proceed from City, Consultant shall immediately commence work to perform the Services in accordance with the schedule in Exhibit A.

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EXHIBIT A
62 (a) For each day that schematic design, design development, and/or construction documents, collectively, the “Design Phase Services,” is not completed by the deadline set forth in Exhibit A or the termination date of this Agreement, whichever is earlier, damage will be sustained by City.
(b) For each day the Design Phase Services are delayed due to circumstances within Consultant’s reasonable control, City may reduce Consultant fees owed pursuant to this Agreement in an amount equal to 1% of the not-to-exceed amount set at Section 6 (“Delay Damages”).
(c) City may reduce any and all payments due Consultant under this Agreement by an amount equal to the Delay Damages and Consultant shall be required to reimburse City for any assessed Delay Damages not recovered by withholdings against payments due Consultant.
(d) The City Engineer is authorized to assess Delay Damages pursuant to this Agreement on behalf of the City.
(e) Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond its reasonable control so long as it advises City at the earliest opportunity to allow City an opportunity to respond to the delay.

9. Termination by City. City may terminate any portion or all of the Services by giving Consultant at least 30 calendar-days written notice. Upon receipt of a termination notice, Consultant shall immediately stop all work in progress on the Services except where necessary to preserve the benefit of the work, and assemble the work on the Services for delivery to City on the termination date. All compensation for Services performed prior to the termination date shall be payable to Consultant in accordance with Section 6.

10. Ownership of Documents. All drawings, designs, data, photographs, reports and any and every other types of items prepared or obtained by Consultant in the performance of the Services under this Agreement shall be the property of the City and Consultant shall deliver them to City upon demand. The Consultant shall assume no responsibility for the unintended use by others of any such documents, information, or materials on project(s) which are not related to the scope of the Services described under this Agreement.

11. Copyright and Right of Use. All items created by Consultant for City under this Agreement are works made for hire, and Consultant shall give City the copyright and all intellectual property rights to all items developed, prepared, and delivered as part of the Services. Consultant agrees that all aspects of the Services and items created thereby will be original works of creation and will not use, in whole or in part, any work created by any other party, except when expressly disclosed by Consultant to City and Consultant obtains a license to such items for the benefit of City. All licenses must be perpetual, world-wide, non-exclusive, and royalty free sufficient in scope to permit City’s full use and enjoyment of its ownership rights in the items created by the Services.

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EXHIBIT A
63 12. Confidentiality. Consultant shall not disclose any confidential or proprietary information received from City to anyone except Consultant’s employees who require access to the information to perform the Services. This obligation shall survive termination and remain in full force and effect until the information, and any copies thereof, are destroyed or returned to City.

13. Indemnity and Defense.
(a) Definitions. When used in this “Indemnity and Defense” section, these terms have the following meaning:
(1) “City,” means the City, its elected officials, officers, directors, employees, agents, or designated volunteers.
(2) “Design Professional,” means licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors and the business entities which offer such services in accordance with the provisions of the California Business and Professions Code listed at California Civil Code, section 2782.8, upon which Consultant relies to meet the obligations of, or perform work pursuant to, this Agreement.
(3) “Non-Design Professional,” means any person or entity upon which Consultant relies to meet the obligations of, or perform work pursuant to, this Agreement who or which is not a Design Professional.
(4) “Loss,” or “Losses,” mean all claim for or actual loss, liability, damage, cost, and expense including but not limited to reasonable attorney, consultant and expert fees, and court costs arising out of or in connection with Consultant’s obligation or work to perform this Agreement including the City’s active or passive negligence, except for such Loss arising from the sole negligence or willful misconduct of the City. (b) Non-Design Professional Services. Consultant shall defend, indemnify, and hold harmless the City from and against any alleged Loss arising out of, pertaining to, or relating to, the services of any Non-Design Professional. (c) Design Professional Services. For an alleged Loss that solely arises out of, pertains to, or relates to, the services of a Design Professional, Consultant shall defend and indemnify the City solely for such Losses due to the negligence, recklessness, or willful misconduct of the Design Professional(s) as allowed by application of California law, including California Civil Code, section 2782.8, as written on the effective date of this Agreement and according to applicable judicial interpretations. (d) Mixed Services. If an alleged Loss arises out of, pertains to, or relates to both the services of a Design Professional and a Non-Design Professional, Consultant shall defend City against the claimed Loss and shall indemnify and hold harmless City from all Losses alleged against the Non-Design Professional combined with any Losses DocuSign Envelope ID: 798D55F9-C25B-4198-A368-D92EF106FC59

EXHIBIT A
64 allegedly due to the negligence, recklessness, or willful misconduct of any Design Professional.

14. Insurance. Consultant shall procure and maintain insurance during the term of this Agreement in the amounts and under the terms set forth in Exhibit “B” against claims that may arise from or in connection with this Agreement and performance of the Services.

Upon reasonable written notice, Consultant shall comply with any changes in the amounts and terms of insurance as may be required from time-to-time by City’s Risk Manager.

15. Acceptance of Final Payment. Consultant’s acceptance of final payment will release City from any-and-all claims and liabilities for compensation under this Agreement.

16. Acceptance of Work. City’s acceptance of, or payment to Consultant for, the Services does not release Consultant from its responsibility for the accuracy, completeness, or competency of the Services, nor do the actions constitute an assumption of Consultant’s responsibility or liability by City for any defect or error in the Services.

17. Conflict of Interest. Consultant represents that no City employee or official has a financial interest in Consultant. Consultant shall not offer, encourage, or accept any financial interest in any part of Consultant's business by or from a City employee or official during the term of this Agreement or as a result of being awarded this Agreement. If any of the Services are paid by reimbursement from an agreement between City and a private party, Consultant represents that it has not performed any work for that private party during the 12 month period prior to the execution of this Agreement, and that it shall not negotiate, offer or accept any contract for services from that party during the term of this Agreement.

18. Economic Disclosure. Consultant shall comply with City’s local conflict of interest code and the Political Reform Act, and prepare and file an economic disclosure statement if the Services involve making, or participation in making, decisions which may have a material effect on the Consultants’ financial interest. While it is Consultant’s sole responsibility to evaluate its conflicts of interest, the Consultant nevertheless agrees to prepare and file an economic disclosure statement if requested by City.

19. Non-Exclusive Agreement. This is a non-exclusive agreement. City reserves the right to provide, and to retain other consultants to provide, services that are the same or similar to the Services described in this Agreement.

20. No Assignment. Consultant shall not assign or subcontract any of the Services without City’s prior written consent. For the purposes of this section, a change of fiftypercent or more in the ownership or control of Consultant constitutes an assignment.

21. Entire Agreement; Modification. This Agreement supersedes all other agreements, whether oral or written, between the parties with respect to the Services.

Any modification to this Agreement must be in writing and signed by both parties. In the event the original of this Agreement is lost or destroyed, an archival copy maintained by DocuSign Envelope ID: 798D55F9-C25B-4198-A368-D92EF106FC59

EXHIBIT A
65 City can be used in place of the original for all purposes with the same effect as if it was the original.

22. Remedies. All remedies permitted or available under this Agreement, or at law or in equity, are cumulative and alternative, and the invocation of a right or remedy will not be construed to waive or elect a remedy with respect to any other available right or remedy. As a condition precedent to commencing legal action involving a claim or dispute against City arising from this Agreement, the Consultant must present a written claim to City in accordance with Chapter 3.42 of the Livermore Municipal Code.

23. Construction of Language. The terms and conditions in this Agreement have been arrived at through negotiation and each party had a full and fair opportunity to review and revise this Agreement with legal counsel. Any ambiguity in this Agreement will not be resolved against either party as the drafting party. In the event of an inconsistency or conflict between the language in the body of the Agreement and an attachment hereto, the language in the body of the Agreement controls.

24. Notice. Notices under this Agreement must be delivered to the addresses below by deposit in the United States mail or by overnight delivery service, with postage prepaid and delivery confirmation:

TO CITY: Attention: City Engineer
CC: Project Manager
City Administration Building
City of Livermore
1052 S. Livermore Avenue
Livermore, California 94550
TO CONSULTANT: Attention: Steve Wynn [email protected] Barry & Wynn Architects, Inc.
379 Hartz Avenue
Danville, CA 94526

25. Waiver. Failure to insist upon the strict performance of any term or conditions in this Agreement, no matter how long the failure continues, is not a waiver of the term or condition and does not bar the right to subsequently demand strict performance. To be effective, a waiver must be in writing and signed by the non-breaching party.

26. Severability. If a court of competent jurisdiction determines a provision in this Agreement is invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force and effect without being impaired in any way.

27. Counterparts. This Agreement may be executed in counterpart by delivering a facsimile or secure electronic copy of the signed agreement to the other party, followed by delivery of the original documents bearing the original signatures. However, failure to deliver the original documents does not affect the enforceability of this Agreement.

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EXHIBIT A
66 28. Governing Law. This Agreement is governed by California law. Consultant consents to the exclusive jurisdiction and venue of the state and federal courts of Alameda County, California.
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EXHIBIT A
67 In concurrence and witness whereof, and in recognition of the mutual consideration provided therefore, the parties have executed this Agreement, effective on the date first written above.

CONSULTANT: Dated:
____________________________ ___________________________ By: Steven D Wynn
Title: CFO
CITY OF LIVERMORE: Dated:
____________________________ ____________________________ Marianna Marysheva
City Manager
APPROVED AS TO FORM:
___________________________
Assistant/City Attorney
APPROVED AS TO FORM:

Risk Manager/Analyst
Attachments:

Exhibit A – Scope of Work
Exhibit B – Insurance Requirements

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EXHIBIT A
68 EXHIBIT A

SCOPE OF SERVICES
Provide On-Call Architectural and Engineer Services for maintenance and capital improvement projects including but not limited to the following:
• Provide staff and services on an on-call, as-needed basis for architectural services.
• Provide design services for remodeling of public buildings and parks. • Provide in-house personnel or sub-consultants for structural, mechanical, plumbing, electrical, and cost-estimating services. These services would include building permit preparation and technical support when requested by the City. • Provide the full range of architectural and engineering services including preliminary studies, public outreach, rendering, drawings, technical specifications, cost estimates, scopes of works, and other professional services. • Prepare feasibility and design analysis of facility improvement, expansions, or new construction projects when directed by the City.
• Respond to plan check comments for building permits.
• Perform construction support services, including submittal reviews, cost estimates, and schedule reviews. Respond to RFIs, and drafts of change orders. • Prepare reports that summarize observations, estimate costs of implementation, and provide recommendations and conclusions.
• Prepare and provide as-built documents when requested by the City when record drawings are not available.

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EXHIBIT A
69 EXHIBIT A

FEE SCHEDULE
for

BARRY & WYNN ARCHITECTS

HOURLY RATE SCHEDULE FOR PROFESSIONAL SERVICES
(Effective January 1st, 2023 through December 31, 2026) Classification Rate ( $ / hour)
2023 2024 2025 2026
Principal $260 $270 $280 $290
Staff Architect $185 $195 $205 $215
Senior Project Manager $185 $195 $205 $215
CAD Drafting $140 $145 $150 $155
Administrator $100 $105 $110 $115

EXPENSES SCHEDULE

1. All outside expenses will be billed at actual Cost plus 15%, including:
• Delivery Service
• Reproduction
• Mileage – Auto
• Travel & Expenses

2. All Subconsultant fees will be billed at actual cost plus 10% up to $2,500 per Task Order.

3. All outside Agency fees will be billed at actual cost plus 10% DocuSign Envelope ID: 798D55F9-C25B-4198-A368-D92EF106FC59

EXHIBIT A
70 Revised 5/1/2018 B16 – 2M E&O

EXHIBIT B

INSURANCE REQUIREMENTS
Minimum Scope and Limits of Insurance
Consultant/Contractor shall maintain limits no less than:

1. Commercial General Liability, including operations, products, and completed operations, as applicable:
$2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury, and property damage. If Commercial General Liability or other form of insurance with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability:
$1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation and Employer's Liability:

Statutory limits as required by the State of California including $1,000,000 Employers’ Liability per accident, per employee for bodily injury or disease.

A waiver of subrogation is required for Workers’ Compensation insurance.

If Consultant/Contractor is a sole proprietor, then they must sign “Contractor Release of Liability.”

4. Professional Liability/ Cyber Liability/Errors and Omissions:
$2,000,000 per claim. Consultant/Contractor warrants that any retroactive date under this policy shall precede the effective date of this contract and, either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two years beginning at the time work under this contract is completed.

Deductibles and Self-Insured Retention
All self-insured retentions (SIR) must be disclosed to Risk Management for approval and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide, or be endorsed to provide, that the SIR may be satisfied by either the named insured or the City of Livermore. The City of Livermore reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:

VII and accepted to do business in the State of California, unless otherwise acceptable to the City of Livermore.

Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City of Livermore, its officers, officials, employees, and designated DocuSign Envelope ID: 798D55F9-C25B-4198-A368-D92EF106FC59

EXHIBIT A
71 Revised 5/1/2018 B16 – 2M E&O

volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Consultant/Contractor; or automobiles owned, leased, hired or borrowed by the Consultant/Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Livermore, its officers, officials, employees, or volunteers.

2. The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. The additional insured coverage under the Consultant’s/Contractor’s policy shall be primary and non-contributory and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as ISO Form CG 20 10 04 13. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Livermore before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

3. Any failure to comply with reporting or other provisions of the policy, including breaches of warranties, shall not affect coverage provided to the City of Livermore, its officers, officials, employees, or volunteers.

4. The Consultant’s/Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party before expiration of the policy unless notice is delivered in accordance with policy provisions.

6. It shall be a requirement under this agreement that any available insurance proceeds broader than, or in excess of, the specified minimum insurance coverage requirements and/or limits shall be available to the additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater.

7. Certificate Holder section of the insurance certificate should read: City of Livermore, 1052 S. Livermore Avenue, Livermore, CA 94550 Verification of Coverage
Consultant/Contractor shall furnish certificates of insurance and endorsement(s) effecting coverage to the City of Livermore for approval. The endorsements shall be on forms acceptable to the City of Livermore. All certificates and endorsements are to be received and approved by the City of Livermore before work commences. The City of Livermore reserves the right to require complete and certified copies of all insurance policies required by this Agreement.

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EXHIBIT A
72 CITY COUNCIL STAFF REPORT ITEM NO. 5.4
DATE: June 12, 2023
TO: Honorable Mayor and City Council
FROM: Paul Spence, Community Development Director
SUBJECT: Resolution authorizing execution of an agreement with Kier & Wright Civil Engineers and Surveyors, Inc. to provide on-call civil engineering services in an amount not-to-exceed $300,000.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with Kier & Wright Civil Engineers and Surveyors, Inc, in an amount not-to-exceed $300,000, for on-call civil engineering services.

SUMMARY
The Engineering Division requires on-call civil engineering services to help implement the Capital Improvement Plan. Services include surveying, mapping, preliminary feasibility studies, preparation of plans and specifications, cost estimates, construction storm water compliance, and traffic control plans.

Kier & Wright Civil Engineers and Surveyors, Inc. has been assisting the City with a number of projects over the last 10 years. They are located in Livermore and are able to respond quickly and efficiently to survey requests. Kier & Wright is knowledgeable regarding surveys and maps in the downtown. They were the lead civil engineer on the I Street Garage and Veterans Way and they are currently the lead civil engineer on the L Street Garage. They have a team of design engineers with extensive experience completing projects in Livermore. This agreement covers on-call services for a two-and-a-half-year period and authorizes the City Engineer to approve work related to the agreement within the overall contract amount of $300,000 when consistent with existing appropriations.

DISCUSSION
The 2023-2028 Capital Improvement Plan includes nearly $213 million in appropriations to 97 projects in Fiscal Years 2023-24 and 2024-25. Additional on-call civil engineering support is required by the Engineering Division to help implement this program. Most of the large projects will have individual design contracts; however, the design of some of the small projects will be covered under this agreement. This agreement will also cover supplemental services on some of the larger projects such as 73 cost estimates, field surveys, and specialty designs.

The following services are covered under this agreement:

Topographic, boundary, design, and construction surveys Preparation of plats and legal descriptions and other maps Closure calculations for tentative and final maps
Preparation of plans and specifications for civil engineering projects such as streets, sidewalks, walls, and utilities
Cost estimates
Preliminary feasibility reports
Traffic control plans
Signing and striping plans
Storm water pollution prevention plans
Construction support services
Upcoming projects that may need services under this agreement include Livermore Village Infrastructure, L Street Garage, Flagpole Plaza and Downtown Streetscape Improvements, Springtown Open Space Phase 1 Improvements, Downtown Landscape Rehabilitation, and various median improvement projects.

Kier & Wright has been assisting the City with a number of projects over the last 10 years. These projects include Veterans Way, the I Street Garage, the L Street Garage, the Holmes Street Decorative Wall, and El Charro Infrastructure. Their central office and survey division is located in Livermore, so they are able to respond quickly to survey requests. During construction, they have been helpful providing confirmation surveys verifying that improvements are constructed in the correct location. They have an engineering team with extensive design and construction experience in Livermore. Their rates are reasonable, and their jobs have been completed on budget.

This Agreement covers up to $300,000 in on-call civil engineering services through December 31, 2025.

FISCAL AND ADMINISTRATIVE IMPACTS
Services received under this agreement will be paid from capital improvement projects in the approved 2023-2028 Capital Improvement Plan and the Engineering Operating Budget for miscellaneous consultant services; therefore, no additional appropriation is necessary.

COMMUNITY PILLAR
5: A City That Works
GOAL
14: Develop, operate, and maintain the City's infrastructure

GUIDING DOCUMENT
2023-2028 Capital Improvement Plan

ATTACHMENTS

1. Resolution
74 2. Exhibit A - Engineering Services Agreement with Kier & Wright Civil Engineers and Surveyors, Inc.

Prepared by: Joel Waxdeck
Assistant City Engineer
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
75 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH KIER & WRIGHT CIVIL ENGINEERS AND SURVEYORS, INC. TO PROVIDE ON-CALL CIVIL ENGINEERING SERVICES IN AN AMOUNT NOT-TO-EXCEED $300,000 The Engineering Division requires on-call civil engineering services to help implement the Capital Improvement Program. Services include surveying, mapping, preliminary feasibility studies, preparation of plans and specifications, cost estimates, construction storm water compliance, and traffic control plans. Kier & Wright Civil Engineers and Surveyors, Inc. has been assisting the City of Livermore with several projects over the last 10 years. They are located in Livermore and are able to respond quickly and efficiently to survey requests. Kier & Wright is very knowledgeable regarding surveys and maps in the downtown. They were the lead Civil engineer on the I Street Garage and Veterans Way and they are currently the lead Civil Engineer on the L Street Garage. They have a team of design engineers with extensive experience completing projects in Livermore. This agreement covers on-call services for a two-and-a-half-year period and authorizes the City Engineer to approve work related to the agreement within the overall contract amount of $300,000, when consistent with existing appropriations.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby authorizes the City Manager to execute an Engineering Services Agreement with Kier & Wright Civil Engineers and Surveyors, Inc., attached hereto as Exhibit A, in an amount not-to-exceed $300,000, for on-call civil engineering services.

On motion of Council Member _________________________, seconded by Council Member ________________________, the foregoing resolution was passed and adopted on June 12, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Tara Mazzanti
Marie Weber Tara Mazzanti
City Clerk Assistant City Attorney
Exhibit A – Engineering Services Agreement with Kier & Wright Civil Engineers and Surveyors, Inc.
76 ENGINEERING SERVICES AGREEMENT

ON AN ON-CALL BASIS
THIS AGREEMENT is made and entered into this ____ day of ________, 20 , (“Effective Date”) by and between the City of Livermore, a municipal corporation (“City”), and Kier & Wright Civil Engineers and Surveyors, Inc., a California corporation) (“Consultant”).

RECITALS
City requires engineering services to provide on-call civil engineering services for various Capital Improvement Projects.

Consultant warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement. Consultant acknowledges City has relied upon these warranties to retain Consultant.

AGREEMENT
NOW, THEREFORE, City and Consultant hereby agree that the aforementioned recitals are true and correct and further agree as follows:

1. Retention as Consultant. City hereby retains Consultant, and Consultant hereby accepts such engagement, to perform the services described in Section 3 below subject to the terms and conditions in this Agreement.

2. Relationship of Parties – Independent Contractors. The relationship of the parties shall be that of independent contractors. Consultant and its employees are not City officers or employees. Consultant is responsible for the supervision and management of its employees, including any workers compensation insurance, withholding taxes, unemployment insurance, and any other employer obligations associated with the delivery of the services contemplated by this Agreement.

3. Description of Services. Consultant shall provide the following engineering services as more particularly set forth in Exhibit “A” (collectively “the Services”):

Provide on-call civil engineering services for various Capital Improvement Projects These services shall be ordered as needed pursuant to individual written project assignment orders issued by the City and approved by the City Engineer. Project assignments will include a scope of work and budget to provide standards to determine when City will deem that project complete. City also reserves the right not to order any services or expend any money pursuant to this Agreement.

4. Consultant Responsibilities. Consultant shall:

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EXHIBIT A
77 (a) Consultant shall investigate and verify all existing site conditions for the Project and take them into account when preparing the Project’s design even when "As Built" or "Record Drawings" are used by Consultant.
(b) Consultant shall review and respond to construction submittals and shop drawings within fourteen (14) calendar days following their receipt by Consultant; requests for information with comments noted thereon shall be reviewed and responded to within seven (7) working days following their receipt by the Consultant. (c) Diligently perform the Services in a manner commensurate with industry, professional, and community standards;
(d) Provide the resources necessary to complete the Services in a timely manner;
(e) Obtain a business license from the City of Livermore, and keep it in effect for the term of this Agreement;
(f) Obtain and keep in effect all necessary licenses, permits, qualifications, insurance, and approvals legally and professionally required for Consultant to practice its profession and to provide the Services;
(g) Comply with all laws in effect that are related to Consultant and the Services;
(h) Coordinate the Services with Joel Waxdeck (“Project Manager”), or such other person designated as the Project Manager by City; (i) Be available to the Project Manager, and other parties referred to Consultant by the Project Manager, to answer questions or inquiries related to the Services;
(j) Only invoice City for the Services rendered. Consultant’s invoice shall be in writing and describe the Services performed for the payment requested. Consultant shall not submit an invoice to City more frequently than once a month; (k) Keep and maintain invoices and records related to the Services in an organized manner. At a minimum, the records must be kept for at least 3 years from the date of final payment to Consultant and must include time sheets, work progress reports, and other documentation to adequately explain all the Services invoiced for payment.

Consultant shall make the invoices and records immediately available to City upon delivery of a written request to examine, audit, or copy them at City’s place of business during normal business hours. Consultant shall give City 30 calendar-days’ written notice prior to destroying the invoices and records, and allow City an opportunity to take possession. If City wants them, Consultant and City shall coordinate their delivery to City in the most efficient manner possible;
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EXHIBIT A
78 (l) Prepare and submit a written report to the Project Manager, with each invoice and when requested in writing by the Project Manager, that identifies the Services completed and in progress, the charges incurred to date, and the anticipated cost to complete the remaining Services; and,
(m) Consultant shall correct, at its own expense, all errors in the Services.

Should Consultant fail to make such correction in a timely manner, City may make the correction and charge the cost thereof to Consultant.
(n) Consultant’s services provided pursuant to this Agreement shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA.

5. Probable Construction Cost Estimate. The design developed, prepared, and delivered by Consultant in accordance with this Agreement is for the development and construction of the Project, the construction of which shall be awarded through competitive bidding. City shall be entitled to rely upon Contractor’s work prepared, and delivered in accordance with this Agreement in order to solicit such bids. Consultant, therefore, shall prepare an engineer’s opinion of probable construction cost estimate. If the lowest of three or more bids received by City for the Project varies from the engineer’s opinion of probable construction cost estimate by more than 15% and is due to Consultant’s failure to comply with this Agreement, including Exhibit “A”, or its negligent failure to perform pursuant to industry standards for the design work involved, Consultant, if directed by City, shall redesign the project at no additional cost to City to meet the original engineer’s cost estimate.

6. Compensation and Payment.
(a) The total compensation payable by City to Consultant for the Services SHALL NOT EXCEED the sum of $300,000 ("not-to-exceed amount"). City shall compensate Consultant for the Services rendered at the hourly rates, task amounts, or travel expenses set forth in Exhibit “A” up to the not-to-exceed amount. Except as provided in the body of this Agreement, the hourly rates, task amounts, or travel expenses are intended to be Consultant’s only compensation for the Services and is inclusive of all costs of labor, licensing, permitting, overhead and administrative costs, and any-and-all other costs, expenses, and charges incurred by Consultant, its agents, and employees to provide the Services.
(b) City shall pay Consultant no later than 30 days after City receives a written invoice from Consultant and verifies the Services were performed for the payment requested.

7. Term. The term of this Agreement commences on the Effective Date and terminates upon the depletion of funds or December 31, 2025, whichever occurs first.

8. Delay Damages. Time is of the essence for this Agreement. Upon receipt of a written notice to proceed from City, Consultant shall immediately commence work to perform the Services in accordance with the schedule in Exhibit A.

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EXHIBIT A
79 (a) For each day that schematic design, design development, and/or construction documents, collectively, the “Design Phase Services,” is not completed by the deadline set forth in Exhibit A or the termination date of this Agreement, whichever is earlier, damage will be sustained by City.
(b) For each day the Design Phase Services are delayed due to circumstances within Consultant’s reasonable control, City may reduce Consultant fees owed pursuant to this Agreement in an amount equal to 1% of the not-to-exceed amount set at Section 6 (“Delay Damages”).
(c) City may reduce any and all payments due Consultant under this Agreement by an amount equal to the Delay Damages and Consultant shall be required to reimburse City for any assessed Delay Damages not recovered by withholdings against payments due Consultant.
(d) The City Engineer is authorized to assess Delay Damages pursuant to this Agreement on behalf of the City.
(e) Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond its reasonable control so long as it advises City at the earliest opportunity to allow City an opportunity to respond to the delay.

9. Termination by City. City may terminate any portion or all of the Services by giving Consultant at least 30 calendar-days written notice. Upon receipt of a termination notice, Consultant shall immediately stop all work in progress on the Services except where necessary to preserve the benefit of the work, and assemble the work on the Services for delivery to City on the termination date. All compensation for Services performed prior to the termination date shall be payable to Consultant in accordance with Section 6.

10. Ownership of Documents. All drawings, designs, data, photographs, reports and any and every other types of items prepared or obtained by Consultant in the performance of the Services under this Agreement shall be the property of the City and Consultant shall deliver them to City upon demand. The Consultant shall assume no responsibility for the unintended use by others of any such documents, information, or materials on project(s) which are not related to the scope of the Services described under this Agreement.

11. Copyright and Right of Use. All items created by Consultant for City under this Agreement are works made for hire, and Consultant shall give City the copyright and all intellectual property rights to all items developed, prepared, and delivered as part of the Services. Consultant agrees that all aspects of the Services and items created thereby will be original works of creation and will not use, in whole or in part, any work created by any other party, except when expressly disclosed by Consultant to City and Consultant obtains a license to such items for the benefit of City. All licenses must be perpetual, world-wide, non-exclusive, and royalty free sufficient in scope to permit City’s full use and enjoyment of its ownership rights in the items created by the Services.

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EXHIBIT A
80 12. Confidentiality. Consultant shall not disclose any confidential or proprietary information received from City to anyone except Consultant’s employees who require access to the information to perform the Services. This obligation shall survive termination and remain in full force and effect until the information, and any copies thereof, are destroyed or returned to City.

13. Indemnity and Defense.
(a) Definitions. When used in this “Indemnity and Defense” section, these terms have the following meaning:
(1) “City,” means the City, its elected officials, officers, directors, employees, agents, or designated volunteers.
(2) “Design Professional,” means licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors and the business entities which offer such services in accordance with the provisions of the California Business and Professions Code listed at California Civil Code, section 2782.8, upon which Consultant relies to meet the obligations of, or perform work pursuant to, this Agreement.
(3) “Non-Design Professional,” means any person or entity upon which Consultant relies to meet the obligations of, or perform work pursuant to, this Agreement who or which is not a Design Professional.
(4) “Loss,” or “Losses,” mean all claim for or actual loss, liability, damage, cost, and expense including but not limited to reasonable attorney, consultant and expert fees, and court costs arising out of or in connection with Consultant’s obligation or work to perform this Agreement including the City’s active or passive negligence, except for such Loss arising from the sole negligence or willful misconduct of the City. (b) Non-Design Professional Services. Consultant shall defend, indemnify, and hold harmless the City from and against any alleged Loss arising out of, pertaining to, or relating to, the services of any Non-Design Professional. (c) Design Professional Services. For an alleged Loss that solely arises out of, pertains to, or relates to, the services of a Design Professional, Consultant shall defend and indemnify the City solely for such Losses due to the negligence, recklessness, or willful misconduct of the Design Professional(s) as allowed by application of California law, including California Civil Code, section 2782.8, as written on the effective date of this Agreement and according to applicable judicial interpretations. (d) Mixed Services. If an alleged Loss arises out of, pertains to, or relates to both the services of a Design Professional and a Non-Design Professional, Consultant shall defend City against the claimed Loss and shall indemnify and hold harmless City from all Losses alleged against the Non-Design Professional combined with any Losses DocuSign Envelope ID: 2FF9DA36-DEF4-4FF3-AADD-FD2D5ED30C41

EXHIBIT A
81 allegedly due to the negligence, recklessness, or willful misconduct of any Design Professional.

14. Insurance. Consultant shall procure and maintain insurance during the term of this Agreement in the amounts and under the terms set forth in Exhibit “B” against claims that may arise from or in connection with this Agreement and performance of the Services.

Upon reasonable written notice, Consultant shall comply with any changes in the amounts and terms of insurance as may be required from time-to-time by City’s Risk Manager.

15. Acceptance of Final Payment. Consultant’s acceptance of final payment will release City from any-and-all claims and liabilities for compensation under this Agreement.

16. Acceptance of Work. City’s acceptance of, or payment to Consultant for, the Services does not release Consultant from its responsibility for the accuracy, completeness, or competency of the Services, nor do the actions constitute an assumption of Consultant’s responsibility or liability by City for any defect or error in the Services.

17. Conflict of Interest. Consultant represents that no City employee or official has a financial interest in Consultant. Consultant shall not offer, encourage, or accept any financial interest in any part of Consultant's business by or from a City employee or official during the term of this Agreement or as a result of being awarded this Agreement. If any of the Services are paid by reimbursement from an agreement between City and a private party, Consultant represents that it has not performed any work for that private party during the 12 month period prior to the execution of this Agreement, and that it shall not negotiate, offer or accept any contract for services from that party during the term of this Agreement.

18. Economic Disclosure. Consultant shall comply with City’s local conflict of interest code and the Political Reform Act, and prepare and file an economic disclosure statement if the Services involve making, or participation in making, decisions which may have a material effect on the Consultants’ financial interest. While it is Consultant’s sole responsibility to evaluate its conflicts of interest, the Consultant nevertheless agrees to prepare and file an economic disclosure statement if requested by City.

19. Non-Exclusive Agreement. This is a non-exclusive agreement. City reserves the right to provide, and to retain other consultants to provide, services that are the same or similar to the Services described in this Agreement.

20. No Assignment. Consultant shall not assign or subcontract any of the Services without City’s prior written consent. For the purposes of this section, a change of fiftypercent or more in the ownership or control of Consultant constitutes an assignment.

21. Entire Agreement; Modification. This Agreement supersedes all other agreements, whether oral or written, between the parties with respect to the Services.

Any modification to this Agreement must be in writing and signed by both parties. In the event the original of this Agreement is lost or destroyed, an archival copy maintained by DocuSign Envelope ID: 2FF9DA36-DEF4-4FF3-AADD-FD2D5ED30C41

EXHIBIT A
82 City can be used in place of the original for all purposes with the same effect as if it was the original.

22. Remedies. All remedies permitted or available under this Agreement, or at law or in equity, are cumulative and alternative, and the invocation of a right or remedy will not be construed to waive or elect a remedy with respect to any other available right or remedy. As a condition precedent to commencing legal action involving a claim or dispute against City arising from this Agreement, the Consultant must present a written claim to City in accordance with Chapter 3.42 of the Livermore Municipal Code.

23. Construction of Language. The terms and conditions in this Agreement have been arrived at through negotiation and each party had a full and fair opportunity to review and revise this Agreement with legal counsel. Any ambiguity in this Agreement will not be resolved against either party as the drafting party. In the event of an inconsistency or conflict between the language in the body of the Agreement and an attachment hereto, the language in the body of the Agreement controls.

24. Notice. Notices under this Agreement must be delivered to the addresses below by deposit in the United States mail or by overnight delivery service, with postage prepaid and delivery confirmation:

TO CITY: Attention: City Engineer
CC: Project Manager
City Administration Building
City of Livermore
1052 S. Livermore Avenue
Livermore, California 94550
TO CONSULTANT: Attention: Chuck McCallum [email protected] Kier & Wright Civil Engineers and Surveyors Inc.
2850 Collier Canyon Road
Livermore, California 94551

25. Waiver. Failure to insist upon the strict performance of any term or conditions in this Agreement, no matter how long the failure continues, is not a waiver of the term or condition and does not bar the right to subsequently demand strict performance. To be effective, a waiver must be in writing and signed by the non-breaching party.

26. Severability. If a court of competent jurisdiction determines a provision in this Agreement is invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force and effect without being impaired in any way.

27. Counterparts. This Agreement may be executed in counterpart by delivering a facsimile or secure electronic copy of the signed agreement to the other party, followed by delivery of the original documents bearing the original signatures. However, failure to deliver the original documents does not affect the enforceability of this Agreement.

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EXHIBIT A
83 28. Governing Law. This Agreement is governed by California law. Consultant consents to the exclusive jurisdiction and venue of the state and federal courts of Alameda County, California.
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EXHIBIT A
84 In concurrence and witness whereof, and in recognition of the mutual consideration provided therefore, the parties have executed this Agreement, effective on the date first written above.

CONSULTANT: Dated:
____________________________ ___________________________ By: Chuck McCallum
Title: President
CITY OF LIVERMORE: Dated:
____________________________ ____________________________ Marianna Marysheva
City Manager
APPROVED AS TO FORM:
___________________________
Assistant/City Attorney
APPROVED AS TO FORM:

Risk Manager/Analyst
Attachments:

Exhibit A – Scope of Work
Exhibit B – Insurance Requirements

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EXHIBIT A
85 EXHIBIT A

SCOPE OF SERVICES
Provide On-Call Engineering and Surveying Services including but not limited the following:

On Call Surveying Services
Perform topographic survey and prepare topographic mapping.

Prepare boundary survey to establish property lines and streets right of way.

Prepare survey related documents, including plats and legal descriptions, record boundary, lot line adjustment, etc.

Prepare tentative and final maps and closure calculations.

Provide as-built survey or construction staking.

On Call Engineering Services
Prepare plans, specifications and estimates (PS&E's) for street repairs, grind & overlay, curb, gutter, sidewalk, ADA ramp improvements, or street improvements.

Prepare feasibility analysis and design of utilities, including sanitary sewers, storm drains, and water lines extension and/or improvements.

Prepare C.3 storm water treatment design meeting the NPDES and the County C.3 Storm water requirements.

Provide subconsultant services for traffic control plans, signing and striping plans, bike lanes and/or traffic signal upgrade or modification plans.

Provide bidding and/or construction support services.

Prepare storm water pollution prevention plans.

Final Segment of Holmes Street Wall
Right of way engineering – allowance for 4 separate plat and descriptions and allows for 1 city review with minor revisions.

Update existing phase 3 plans to match current code, drafting and conditions.

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EXHIBIT A
86 Update structural plans and details to current code/conditions (Finn Design Group).

Update landscape plans and details to current code/conditions (Green Design).

Provide specifications and cost estimate for final segment.

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EXHIBIT A
87 EXHIBIT A

FEE SCHEDULE
for

KIER & WRIGHT

HOURLY RATE SCHEDULE FOR PROFESSIONAL SERVICES
2023 - Effective March. 1, 2022 through February. 28, 2023 2024 - Effective March. 1, 2023 through February. 28, 2024 2025 - Effective March. 1, 2024 through February. 28, 2025 Classification
Rates
2023 2024 2025
Principal $282.00 $293.00 $305.00
Senior Engineer Manager $236.00 $245.00 $255.00
Senior Engineer $223.00 $232.00 $241.00
Associate Engineer $173.00 $180.00 $187.00
Senior Survey Construction Manager $230.00 $239.00 $249.00 Senior Land Surveyor $230.00 $239.00 $249.00
Project Surveyor $206.00 $214.00 $223.00
Engineering Tech $187.00 $194.00 $202.00
Draftsman $144.00 $150.00 $156.00
2-Person Survey Crew $319.00 $332.00 $345.00
Project Coordinator $135.00 $140.00 $146.00

EXPENSE SCHEDULE

1. All outside expenses will be billed at actual Cost plus 15%, including:
• Delivery Service
• Reproduction
• Mileage — Auto
• Travel & Expenses

2. All Subconsultant fees will be billed at actual cost plus 10% up to $2,500 per Task Order.

3. All outside Agency fees will be billed at actual cost plus 10% DocuSign Envelope ID: 2FF9DA36-DEF4-4FF3-AADD-FD2D5ED30C41

EXHIBIT A
88 Revised 5/1/2018 B16 – 2M E&O

EXHIBIT B

INSURANCE REQUIREMENTS
Minimum Scope and Limits of Insurance
Consultant/Contractor shall maintain limits no less than:

1. Commercial General Liability, including operations, products, and completed operations, as applicable:
$2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury, and property damage. If Commercial General Liability or other form of insurance with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability:
$1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation and Employer's Liability:

Statutory limits as required by the State of California including $1,000,000 Employers’ Liability per accident, per employee for bodily injury or disease.

A waiver of subrogation is required for Workers’ Compensation insurance.

If Consultant/Contractor is a sole proprietor, then they must sign “Contractor Release of Liability.”

4. Professional Liability/ Cyber Liability/Errors and Omissions:
$2,000,000 per claim. Consultant/Contractor warrants that any retroactive date under this policy shall precede the effective date of this contract and, either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two years beginning at the time work under this contract is completed.

Deductibles and Self-Insured Retention
All self-insured retentions (SIR) must be disclosed to Risk Management for approval and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide, or be endorsed to provide, that the SIR may be satisfied by either the named insured or the City of Livermore. The City of Livermore reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:

VII and accepted to do business in the State of California, unless otherwise acceptable to the City of Livermore.

Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City of Livermore, its officers, officials, employees, and designated DocuSign Envelope ID: 2FF9DA36-DEF4-4FF3-AADD-FD2D5ED30C41

EXHIBIT A
89 Revised 5/1/2018 B16 – 2M E&O

volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Consultant/Contractor; or automobiles owned, leased, hired or borrowed by the Consultant/Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Livermore, its officers, officials, employees, or volunteers.

2. The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. The additional insured coverage under the Consultant’s/Contractor’s policy shall be primary and non-contributory and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as ISO Form CG 20 10 04 13. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Livermore before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

3. Any failure to comply with reporting or other provisions of the policy, including breaches of warranties, shall not affect coverage provided to the City of Livermore, its officers, officials, employees, or volunteers.

4. The Consultant’s/Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party before expiration of the policy unless notice is delivered in accordance with policy provisions.

6. It shall be a requirement under this agreement that any available insurance proceeds broader than, or in excess of, the specified minimum insurance coverage requirements and/or limits shall be available to the additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater.

7. Certificate Holder section of the insurance certificate should read: City of Livermore, 1052 S. Livermore Avenue, Livermore, CA 94550 Verification of Coverage
Consultant/Contractor shall furnish certificates of insurance and endorsement(s) effecting coverage to the City of Livermore for approval. The endorsements shall be on forms acceptable to the City of Livermore. All certificates and endorsements are to be received and approved by the City of Livermore before work commences. The City of Livermore reserves the right to require complete and certified copies of all insurance policies required by this Agreement.

DocuSign Envelope ID: 2FF9DA36-DEF4-4FF3-AADD-FD2D5ED30C41

EXHIBIT A
90 CITY COUNCIL STAFF REPORT ITEM NO. 5.5
DATE: June 12, 2023
TO: Honorable Mayor and City Council
FROM: Paul Spence, Community Development Director
SUBJECT: Resolution authorizing execution of an agreement with Schaaf & Wheeler, in an amount not-to-exceed $400,000, to provide on-call engineering services for various City projects including design of repairs for sites damaged during the 2023 storm events, hydraulic modeling support, and master planning.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an Engineering Services Agreement with Schaaf & Wheeler, in an amount not-to-exceed $400,000, to provide on-call engineering services for various City projects including design of repairs for sites damaged during the 2023 storm events, hydraulic modeling support, and master planning.

SUMMARY
The City experienced storm damage at various sites during the heavy rains that occurred last winter.

Damage included creek bank erosion, sedimentation, trail damage, and debris build-up. This agreement with Schaaf & Wheeler will provide on-call engineering support for the repair of the damaged sites.

Scope of work will include surveys, geomorphic assessments, design, cost estimates, permit support, bid support, construction support and record drawings. The scope of work also includes on-call hydraulic modeling and master planning services. This agreement covers on-call services for a three-year period and authorizes the City Engineer to approve work related to the agreement within the overall contract amount of $400,000 when consistent with existing appropriations.

DISCUSSION
Three atmospheric river storms swept through Livermore between December 26, 2022 and January 1, 2023. Other multiple heavy storm events and high winds in January 2023 brought heavy flows through the Arroyo Mocho, Arroyo Las Positas, Collier Canyon Creek, and Arroyo Del Valle causing damage along these creeks including creek bank erosion, sedimentation, trail damage, and debris build-up.

On January 4, 2023, California Governor Newsom proclaimed a state of emergency due to the severe storms that began on December 26, 2022. Given the declaration of emergency by the State of California 91 and the existing damage and impacts from prior rainstorms, the City proclaimed a local state of emergency throughout the City of Livermore on January 4, 2023.

Engineering staff assessed areas throughout the City shortly after the storm events and identified the sites that are in need of repair and maintenance to ensure public safety and prevent further damage. As shown in Attachment 1, engineering staff identified approximately thirty sites in need of storm damage repair.

Schaaf & Wheeler has been working with the City since 2015 providing engineering design services. In 2017, the City experienced severe storms causing similar damage from the recent storms. Schaaf & Wheeler provided engineering support for those storm damage repair projects.

On Jan. 27, 2023, the City issued a Request for Qualifications and Proposals (RFQ/RFP) for on-call engineering services for sites damaged in the 2023 storm events and other City projects. The City received proposals from the following five engineering firms: BKF, HMH, Kier & Wright, MacKay & Somps, and Schaaf & Wheeler. City staff evaluated the proposals and determined scores based on responsiveness to the request, completeness, pricing, relative experience, understanding of approach, and any expectations taken to the City's standard agreement and insurance requirements. Of the five proposals, Schaaf & Wheeler ranked the highest.

Currently, the proposed sites that will require engineering design support for storm damage repair include the following:
1) Sediment removal at Arroyo Las Positas culverts under Airway Boulevard. 2) Arroyo Mocho trail repair and sediment & debris removal at Stanley Boulevard. 3) Sediment & debris removal at Arroyo Mocho and Holmes Street bridge. 4) Arroyo Mocho trail and bank repair, and pedestrian bridge abutment stabilization at Concannon Boulevard.
5) Sycamore Grove trail repair at Arroyo Del Valle south of Wetmore Road. 6) Golf Drive drainage channel improvements in Springtown.

FISCAL AND ADMINISTRATIVE IMPACTS
Services received under this agreement will be paid from capital improvement projects in the approved 2023-28 Capital Improvement Plan and the Engineering Operating Budget for miscellaneous consultant services; therefore, no additional appropriations are necessary. The budgets for 2023 Storm Damage Permanent Repair Project S202300P and 2023 Storm Damage - Debris Removal Project S202300A in the 2023-2028 Capital Improvement Plan will fund the majority of the work. Design and construction is anticipated to be completed in FY 2023-24. Storm Water Fund 220 and State Grant Fund 607 will fund the Debris Removal Project. Storm Water Fund 220, FEMA Storm Reimbursement Fund 222, and State Grant 607 will fund the Permanent Repair Project. The City has applied for and expects to receive state and federal grant funding. Typically, the federal grant share is 75% of the eligible project costs, state share is 18.75%, and local share is 6.75% of the eligible project costs.

COMMUNITY PILLAR
1: A Safe Community That Thrives
GOAL
92 11: Operate and maintain municipal water systems that provide safe, efficient delivery of potable and recycled water, collect and treat wastewater, and comply with all federal, state and local regulations

GUIDING DOCUMENT
Stream Maintenance Program Manual

ATTACHMENTS

1. Site Plan

2. Resolution

3. Exhibit A- Schaaf & Wheeler Agreement
Prepared by: Edward Reyes
Associate Civil Engineer
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
93 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. The City of Livermore is not responsible for misuse or errors or omissions on this map. All information should be confirmed.

City of Livermore, 2023 New Years Storm Sites
50,400
Information Technologies, GIS Division, City of Livermore 8,400.0
Legend
1:

NAD_1983_2011_StatePlane_California_III_FIPS_0403_Ft_US 0 4,200.00 8,400.0 Feet Notes
Date Printed: 1/5/2023
City Limits
Major Streets (> 62,500)
Creeks
Public Facilities (4500-100000)
Park Names (4500-100,000)
Lakes
Creeks
Public Facilities
Fire Station
Police Facility
Other Gov't Facility
Schools
Parks
Airport
Fire Station
Police Facility
Other Gov't Facility
ATTACHMENT 1
94 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH SCHAAF & WHEELER TO PROVIDE ON-CALL ENGINEERING SERVICES FOR VARIOUS

CITY PROJECTS INCLUDING DESIGN OF REPAIRS FOR SITES DAMAGED DURING THE 2022/23 STORM EVENTS, HYDRAULIC MODELING SUPPORT, AND MASTER PLANNING, IN AN AMOUNT NOT-TO-EXCEED $400,000
The City of Livermore (“City”) experienced storm damage at various sites throughout the City during the heavy rain events that occurred in December 2022 through January 2023. Damage included creek bank erosion, sedimentation, trail damage, and debris build-up.

The agreement with Schaaf & Wheeler will provide engineering support for the repair of the damaged sites. The scope of work will include surveys, geomorphic assessments, design, cost estimates, permit support, bid support, construction support and record drawings. The scope of work also includes on-call hydraulic modeling and master planning services.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby authorizes the City Manager to execute an Engineering Services Agreement with Schaaf & Wheeler, attached hereto as Exhibit A, in an amount not-toexceed $400,000, to provide on-call engineering services for various City projects, including design of repairs for sites damaged during the 2022/23 storm events, hydraulic modeling support, and master planning.

On motion of Council Member , seconded by Council
Member , the foregoing resolution was passed and adopted on June 12, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS
ATTEST: APPROVED AS TO FORM:
/s/ Tara Mazzanti
Marie Weber Tara Mazzanti
City Clerk Assistant City Attorney
Exhibit A – Agreement with Schaaf & Wheeler
95 Engineering Services- On-Call Page 1 of 9
Rev. 11/2019

ENGINEERING SERVICES AGREEMENT

ON AN ON-CALL BASIS
THIS AGREEMENT is made and entered into this ____ day of ________, 2023, (“Effective Date”) by and between the City of Livermore, a municipal corporation (“City”), and Schaaf & Wheeler, a California corporation (“Consultant”).

RECITALS
City requires engineering services to provide on-call engineering services for various City projects including design of repairs for sites damaged during the 2023 storm events and hydraulic modeling support and master planning for a three year period.

Consultant warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement. Consultant acknowledges City has relied upon these warranties to retain Consultant.

AGREEMENT
NOW, THEREFORE, City and Consultant hereby agree that the aforementioned recitals are true and correct and further agree as follows:

1. Retention as Consultant. City hereby retains Consultant, and Consultant hereby accepts such engagement, to perform the services described in Section 3 below subject to the terms and conditions in this Agreement.

2. Relationship of Parties – Independent Contractors. The relationship of the parties shall be that of independent contractors. Consultant and its employees are not City officers or employees. Consultant is responsible for the supervision and management of its employees, including any workers compensation insurance, withholding taxes, unemployment insurance, and any other employer obligations associated with the delivery of the services contemplated by this Agreement.

3. Description of Services. Consultant shall provide the following engineering services as more particularly set forth in Exhibit “A” (collectively “the Services”):

Provide on-call engineering services for various City projects including design of repairs for sites damaged during the 2023 storm events and hydraulic modeling support and master planning for a three year period.

These services shall be ordered as needed pursuant to individual written project assignment orders issued by the City and approved by the City Engineer. Project assignments will include a scope of work and budget to provide standards to determine when City will deem that project complete. City also reserves the right not to order any services or expend any money pursuant to this Agreement.

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EXHIBIT A
96 Engineering Services- On-Call Page 2 of 9
Rev. 11/2019

4. Consultant Responsibilities. Consultant shall:
(a) Consultant shall investigate and verify all existing site conditions for the Project and take them into account when preparing the Project’s design even when "As Built" or "Record Drawings" are used by Consultant.
(b) Consultant shall review and respond to construction submittals and shop drawings within fourteen (14) calendar days following their receipt by Consultant; requests for information with comments noted thereon shall be reviewed and responded to within seven (7) working days following their receipt by the Consultant. (c) Diligently perform the Services in a manner commensurate with industry, professional, and community standards;
(d) Provide the resources necessary to complete the Services in a timely manner;
(e) Obtain a business license from the City of Livermore, and keep it in effect for the term of this Agreement;
(f) Obtain and keep in effect all necessary licenses, permits, qualifications, insurance, and approvals legally and professionally required for Consultant to practice its profession and to provide the Services;
(g) Comply with all laws in effect that are related to Consultant and the Services;
(h) Coordinate the Services with Edward Reyes (“Project Manager”), or such other person designated as the Project Manager by City; (i) Be available to the Project Manager, and other parties referred to Consultant by the Project Manager, to answer questions or inquiries related to the Services;
(j) Only invoice City for the Services rendered. Consultant’s invoice shall be in writing and describe the Services performed for the payment requested. Consultant shall not submit an invoice to City more frequently than once a month; (k) Keep and maintain invoices and records related to the Services in an organized manner. At a minimum, the records must be kept for at least 3 years from the date of final payment to Consultant and must include time sheets, work progress reports, and other documentation to adequately explain all the Services invoiced for payment. Consultant shall make the invoices and records immediately available to City upon delivery of a written request to examine, audit, or copy them at City’s place of business during normal business hours. Consultant shall give City 30 calendar-days’ written notice prior to destroying the invoices and records, and allow City an opportunity DocuSign Envelope ID: 8A9F290D-B602-4327-AD52-4E8ABF76E49D

EXHIBIT A
97 Engineering Services- On-Call Page 3 of 9
Rev. 11/2019
to take possession. If City wants them, Consultant and City shall coordinate their delivery to City in the most efficient manner possible; (l) Prepare and submit a written report to the Project Manager, with each invoice and when requested in writing by the Project Manager, that identifies the Services completed and in progress, the charges incurred to date, and the anticipated cost to complete the remaining Services; and,
(m) Consultant shall correct, at its own expense, all errors in the Services.

Should Consultant fail to make such correction in a timely manner, City may make the correction and charge the cost thereof to Consultant.
(n) Consultant’s services provided pursuant to this Agreement shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA.

5. Probable Construction Cost Estimate. The design developed, prepared, and delivered by Consultant in accordance with this Agreement is for the development and construction of the Project, the construction of which shall be awarded through competitive bidding. City shall be entitled to rely upon Contractor’s work prepared, and delivered in accordance with this Agreement in order to solicit such bids. Consultant, therefore, shall prepare an engineer’s opinion of probable construction cost estimate. If the lowest of three or more bids received by City for the Project varies from the engineer’s opinion of probable construction cost estimate by more than 15% and is due to Consultant’s failure to comply with this Agreement, including Exhibit “A”, or its negligent failure to perform pursuant to industry standards for the design work involved, Consultant, if directed by City, shall redesign the project at no additional cost to City to meet the original engineer’s cost estimate.

6. Compensation and Payment.
(a) The total compensation payable by City to Consultant for the Services SHALL NOT EXCEED the sum of $400,000 ("not-to-exceed amount"). City shall compensate Consultant for the Services rendered at the hourly rates, task amounts, or travel expenses set forth in Exhibit “A” up to the not-to-exceed amount. Except as provided in the body of this Agreement, the hourly rates, task amounts, or travel expenses are intended to be Consultant’s only compensation for the Services and is inclusive of all costs of labor, licensing, permitting, overhead and administrative costs, and any-and-all other costs, expenses, and charges incurred by Consultant, its agents, and employees to provide the Services.
(b) City shall pay Consultant no later than 30 days after City receives a written invoice from Consultant and verifies the Services were performed for the payment requested.

7. Term. The term of this Agreement commences on the Effective Date and terminates upon the depletion of funds or Dec. 31, 2025, whichever occurs first.

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8. Delay Damages. Time is of the essence for this Agreement. Upon receipt of a written notice to proceed from City, Consultant shall immediately commence work to perform the Services in accordance with the schedule in Exhibit A. (a) For each day that schematic design, design development, and/or construction documents, collectively, the “Design Phase Services,” is not completed by the deadline set forth in Exhibit A or the termination date of this Agreement, whichever is earlier, damage will be sustained by City.
(b) For each day the Design Phase Services are delayed due to circumstances within Consultant’s reasonable control, City may reduce Consultant fees owed pursuant to this Agreement in an amount equal to 1% of the not-to-exceed amount set at Section 6 (“Delay Damages”).
(c) City may reduce any and all payments due Consultant under this Agreement by an amount equal to the Delay Damages and Consultant shall be required to reimburse City for any assessed Delay Damages not recovered by withholdings against payments due Consultant.
(d) The City Engineer is authorized to assess Delay Damages pursuant to this Agreement on behalf of the City.
(e) Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond its reasonable control so long as it advises City at the earliest opportunity to allow City an opportunity to respond to the delay.

9. Termination by City. City may terminate any portion or all of the Services by giving Consultant at least 30 calendar-days written notice. Upon receipt of a termination notice, Consultant shall immediately stop all work in progress on the Services except where necessary to preserve the benefit of the work, and assemble the work on the Services for delivery to City on the termination date. All compensation for Services performed prior to the termination date shall be payable to Consultant in accordance with Section 6.

10. Ownership of Documents. All drawings, designs, data, photographs, reports and any and every other types of items prepared or obtained by Consultant in the performance of the Services under this Agreement shall be the property of the City and Consultant shall deliver them to City upon demand. The Consultant shall assume no responsibility for the unintended use by others of any such documents, information, or materials on project(s) which are not related to the scope of the Services described under this Agreement.

11. Copyright and Right of Use. All items created by Consultant for City under this Agreement are works made for hire, and Consultant shall give City the copyright and all intellectual property rights to all items developed, prepared, and delivered as part of the Services. Consultant agrees that all aspects of the Services and items created thereby will be original works of creation and will not use, in whole or in part, any work created by any other party, except when expressly disclosed by Consultant to City and DocuSign Envelope ID: 8A9F290D-B602-4327-AD52-4E8ABF76E49D

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Consultant obtains a license to such items for the benefit of City. All licenses must be perpetual, world-wide, non-exclusive, and royalty free sufficient in scope to permit City’s full use and enjoyment of its ownership rights in the items created by the Services.

12. Confidentiality. Consultant shall not disclose any confidential or proprietary information received from City to anyone except Consultant’s employees who require access to the information to perform the Services. This obligation shall survive termination and remain in full force and effect until the information, and any copies thereof, are destroyed or returned to City.

13. Indemnity and Defense.
(a) Definitions. When used in this “Indemnity and Defense” section, these terms have the following meaning:
(1) “City,” means the City, its elected officials, officers, directors, employees, agents, or designated volunteers.
(2) “Design Professional,” means licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors and the business entities which offer such services in accordance with the provisions of the California Business and Professions Code listed at California Civil Code, section 2782.8, upon which Consultant relies to meet the obligations of, or perform work pursuant to, this Agreement.
(3) “Non-Design Professional,” means any person or entity upon which Consultant relies to meet the obligations of, or perform work pursuant to, this Agreement who or which is not a Design Professional.
(4) “Loss,” or “Losses,” mean all claim for or actual loss, liability, damage, cost, and expense including but not limited to reasonable attorney, consultant and expert fees, and court costs arising out of or in connection with Consultant’s obligation or work to perform this Agreement including the City’s active or passive negligence, except for such Loss arising from the sole negligence or willful misconduct of the City.
(b) Non-Design Professional Services. Consultant shall defend, indemnify, and hold harmless the City from and against any alleged Loss arising out of, pertaining to, or relating to, the services of any Non-Design Professional. (c) Design Professional Services. For an alleged Loss that solely arises out of, pertains to, or relates to, the services of a Design Professional, Consultant shall defend and indemnify the City solely for such Losses due to the negligence, recklessness, or willful misconduct of the Design Professional(s) as allowed by application of California law, including California Civil Code, section 2782.8, as written on the effective date of this Agreement and according to applicable judicial interpretations.

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(d) Mixed Services. If an alleged Loss arises out of, pertains to, or relates to both the services of a Design Professional and a Non-Design Professional, Consultant shall defend City against the claimed Loss and shall indemnify and hold harmless City from all Losses alleged against the Non-Design Professional combined with any Losses allegedly due to the negligence, recklessness, or willful misconduct of any Design Professional.

14. Insurance. Consultant shall procure and maintain insurance during the term of this Agreement in the amounts and under the terms set forth in Exhibit “B” against claims that may arise from or in connection with this Agreement and performance of the Services. Upon reasonable written notice, Consultant shall comply with any changes in the amounts and terms of insurance as may be required from time-to-time by City’s Risk Manager.

15. Acceptance of Final Payment. Consultant’s acceptance of final payment will release City from any-and-all claims and liabilities for compensation under this Agreement.

16. Acceptance of Work. City’s acceptance of, or payment to Consultant for, the Services does not release Consultant from its responsibility for the accuracy, completeness, or competency of the Services, nor do the actions constitute an assumption of Consultant’s responsibility or liability by City for any defect or error in the Services.

17. Conflict of Interest. Consultant represents that no City employee or official has a financial interest in Consultant. Consultant shall not offer, encourage, or accept any financial interest in any part of Consultant's business by or from a City employee or official during the term of this Agreement or as a result of being awarded this Agreement. If any of the Services are paid by reimbursement from an agreement between City and a private party, Consultant represents that it has not performed any work for that private party during the 12 month period prior to the execution of this Agreement, and that it shall not negotiate, offer or accept any contract for services from that party during the term of this Agreement.

18. Economic Disclosure. Consultant shall comply with City’s local conflict of interest code and the Political Reform Act, and prepare and file an economic disclosure statement if the Services involve making, or participation in making, decisions which may have a material effect on the Consultants’ financial interest. While it is Consultant’s sole responsibility to evaluate its conflicts of interest, the Consultant nevertheless agrees to prepare and file an economic disclosure statement if requested by City.

19. Non-Exclusive Agreement. This is a non-exclusive agreement. City reserves the right to provide, and to retain other consultants to provide, services that are the same or similar to the Services described in this Agreement.

20. No Assignment. Consultant shall not assign or subcontract any of the Services without City’s prior written consent. For the purposes of this section, a change of fiftypercent or more in the ownership or control of Consultant constitutes an assignment.

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21. Entire Agreement; Modification. This Agreement supersedes all other agreements, whether oral or written, between the parties with respect to the Services.

Any modification to this Agreement must be in writing and signed by both parties. In the event the original of this Agreement is lost or destroyed, an archival copy maintained by City can be used in place of the original for all purposes with the same effect as if it was the original.

22. Remedies. All remedies permitted or available under this Agreement, or at law or in equity, are cumulative and alternative, and the invocation of a right or remedy will not be construed to waive or elect a remedy with respect to any other available right or remedy. As a condition precedent to commencing legal action involving a claim or dispute against City arising from this Agreement, the Consultant must present a written claim to City in accordance with Chapter 3.42 of the Livermore Municipal Code.

23. Construction of Language. The terms and conditions in this Agreement have been arrived at through negotiation and each party had a full and fair opportunity to review and revise this Agreement with legal counsel. Any ambiguity in this Agreement will not be resolved against either party as the drafting party. In the event of an inconsistency or conflict between the language in the body of the Agreement and an attachment hereto, the language in the body of the Agreement controls.

24. Notice. Notices under this Agreement must be delivered to the addresses below by deposit in the United States mail or by overnight delivery service, with postage prepaid and delivery confirmation:

TO CITY: Attention: City Engineer
CC: Project Manager
City Administration Building
City of Livermore
1052 S. Livermore Avenue
Livermore, California 94550
TO CONSULTANT: Attention: Daniel Schaaf, P.E.

Schaaf & Wheeler
870 Market Street, Suite 1278
San Francisco, CA 94102

25. Waiver. Failure to insist upon the strict performance of any term or conditions in this Agreement, no matter how long the failure continues, is not a waiver of the term or condition and does not bar the right to subsequently demand strict performance. To be effective, a waiver must be in writing and signed by the non-breaching party.

26. Severability. If a court of competent jurisdiction determines a provision in this Agreement is invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force and effect without being impaired in any way.

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27. Counterparts. This Agreement may be executed in counterpart by delivering a facsimile or secure electronic copy of the signed agreement to the other party, followed by delivery of the original documents bearing the original signatures. However, failure to deliver the original documents does not affect the enforceability of this Agreement.

28. Governing Law. This Agreement is governed by California law. Consultant consents to the exclusive jurisdiction and venue of the state and federal courts of Alameda County, California.
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In concurrence and witness whereof, and in recognition of the mutual consideration provided therefore, the parties have executed this Agreement, effective on the date first written above.

CONSULTANT: Dated:
____________________________ ___________________________ By: Daniel Schaaf
Title: Vice President
CITY OF LIVERMORE: Dated:
____________________________ ____________________________ Marianna Marysheva
City Manager
APPROVED AS TO FORM:
___________________________
Assistant/City Attorney
APPROVED AS TO FORM:

Risk Manager/Analyst
Attachments:

Exhibit A – Scope of Work
Exhibit B – Insurance Requirements
Exhibit C- FEMA Federal Provisions
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EXHIBIT A
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EXHIBIT A

ENGINEERING SERVICES FOR ON-CALL STORM DAMAGE REPAIR DESIGN Engineering services shall include the following:

1. Assist with project scoping and budgeting.

2. Support process improvement development, alternative analysis and feasibility assessment, and design development.

3. Provide technical expertise related to the following:
a) Structural engineering.
b) Hydrology and hydraulic analyses.
c) Geomorphology.
d) Architectural analysis and design.
e) Electrical, instrumentation, and controls engineering. f) Treatment process engineering.
g) Fluid conveyance.
h) Mechanical engineering related to pumping, piping, blower, and HVAC systems.

Technical support will include reviewing City-provided materials, participating in onsite and teleconferences, and documenting findings, conclusions, and recommendations via email correspondence and technical memoranda.

4. Engineering design support services including the following:
a) Condition assessment of existing equipment/structures. b) Structural analysis.
c) Design of hydraulic structures and channels.
d) Creek stabilization.
e) Compatibility of materials.
f) Coating analysis and corrosion inspections.
g) Geotechnical engineering services, surveying, utility location, and environmental, permitting support.
h) Project delivery/funding assistance.

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5. Product recommendations and cost estimates, including vendor coordination and preparation of technical specifications.

6. Hydraulic analysis support services including the following:
a. Provide extensive knowledge of and capability in using HEC and lnnovyze software products (i.e. ICM, InfoWater, and InfoSewer) for dynamic hydraulic modeling of water, recycled water, and wastewater collection systems. Consultant shall be capable of the following:
b. Provide extensive knowledge of and capability in using HEC-RAS, MikeUrban. ICM, I InfoSWMM for dynamic hydraulic modeling of storm water systems. c. Maintain the City’s existing hydraulic models.
d. Operate the City’s existing hydraulic models to evaluate the City’s operational and development scenarios.
e. Modify the City’s existing hydraulic models to incorporate operational and development improvements.

In addition to these more specific service requests described above, Consultants shall also provide the following general services:

7. Engineering analysis, including:
a. Calculations.
b. Alternative development.
c. Feasibility assessment.
d. Improvement recommendations and project scoping and budgeting.

8. Development of construction documents, including:

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a. Drawings.
b. Technical specifications.
c. Construction sequencing/constraints.
d. Construction cost estimates.
e. Project schedules.

9. Bid phase and construction phase support services, including:
a. Bid review.
b. Addendum and conformed drawing preparation.
c. RFI processing.
d. Submittal processing.
e. Construction inspection.
f. Contractor payment request review.
g. Record drawing preparation.

10. Environmental Support
Swaim Biological, Inc. (SBI) will coordinate with Schaaf and Wheeler and the City to support environmental compliance during planning of projects and development of project level documents to complete permitting.

To support implementation, SBI will provide agency-approved biologists to monitor creek maintenance activities per permit requirements. Biologist resumes will be submitted to the appropriate agencies for approval prior to the onset of construction. During construction monitoring, the biologist will document compliance and provide permit compliance guidance to the on-site contractor. If required, relocation of special status species will be conducted by a qualified biologist with all required authorizations..

Relocation will be conducted in accordance with all project permits. Turbidity monitoring during in-water work, if required, will be conducted by the SBI biological monitor.

This task covers coordination efforts for biological monitoring described herein, including submittal of biological monitor resumes for agency approval, scheduling and coordination with contractors. Time for pre-construction environmental awareness training is also included DocuSign Envelope ID: 8A9F290D-B602-4327-AD52-4E8ABF76E49D

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11. Engineering review services such as peer reviews of studies and design documents.

12. Extensive knowledge of and capability in using AutoCAD to prepare construction drawings. All AutoCAD files provided to the City are to be compatible with AutoCAD the latest version of AutoCAD used by the City.

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Schaaf & Wheeler

CONSULTING CIVIL ENGINEERS
4699 Old Ironsides Dr., Suite 350
Santa Clara, CA 95054-1860
(408) 246-4848
Hourly Charge Rate Schedule
Personnel Charges
Charges for personnel engaged in professional and/or technical work are based on the actual hours directly chargeable to the project.

Current rates by classification are listed below:

Classifications 2023 Rate/Hr 2024 Rate/Hr 2025 Rate/Hr
Principal Project Manager $275 $285.00 $295.00
Senior Project Manager $250 $260.00 $270.00
Senior Engineer $235 $245.00 $250.00
Associate Engineer $210 $220.00 $225.00
Assistant Engineer $195 $205.00 $210.00
Junior Engineer $185 $195.00 $200.00
Designer $175 $185.00 $190.00
GIS Analyst $175 $185.00 $190.00
Technician $160 $165.00 $170.00
Engineering Trainee $135 $140.00 $145.00
Construction Manager $250 $260.00 $270.00
Senior Resident Engineer $235 $245.00 $250.00
Resident Engineer $210 $220.00 $225.00
Assistant Resident Engineer $190 $200.00 $205.00
Litigation Charges
Work done in preparation for litigation and other very high level-of-expertise assignments is charged at $400 per hour. Court or deposition time as an expert witness is charged at $500 per hour.

Materials and Services
Subcontractors, special equipment, outside reproduction, data processing, computer services, etc., will be charged at 1.10 times cost.

Effective 1/1/23
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Classifications and Hourly Rates (2023‐2027)
Title
2023
Hourly
Rate
2024
Hourly
Rate
2025
Hourly
Rate
2026
Hourly
Rate
2027
Hourly
Rate
Principal Biologist II  $195.00  $200.85  $206.88  $213.08  $219.47 GIS Manager  $175.00  $180.25  $185.66  $191.23  $196.96 Principal Biologist I  $165.00  $169.95  $175.05  $180.30  $185.71 Program Manager  $160.00  $164.80  $169.74  $174.84  $180.08 Principal Regulatory Specialist       $150.00  $154.50  $159.14  $163.91  $168.83 Assistant Project Manager  $130.00  $133.90  $137.92  $142.05  $146.32 Biologist III  $135.00  $139.05  $143.22  $147.52  $151.94 Biologist II  $115.00  $118.45  $122.00  $125.66  $129.43 Biologist I  $90.00  $92.70  $95.48  $98.35  $101.30
Mileage billed at current federal rate, direct expenses billed at cost.

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EXHIBIT A
110
2169-G East Francisco Blvd, San Rafael, CA, 94901
Phone: 415.454.8868 | [email protected] | wra-ca.com
12/23/2022 GV

RATE SCHEDULE
Effective: January 1, 2023
Director/Principal.................................$256-272 Senior Associate ..................................$237-256 Associate......................................................$210 Senior Scientist.............................................$185 Scientist........................................................$171 Senior Technician.........................................$147 Technician ....................................................$123 __________
Landscape Design
Senior Restoration Designer........................$256 Sr Associate Landscape Architect...............$237
Associate Landscape Architect...................$210
Landscape Architect....................................$185 Senior Landscape Designer .........................$171 Landscape Designer II .................................$147 Landscape Designer I ..................................$132 Environmental Planning
Environmental Planning Director.................$256
Senior Environmental Planner .....................$256
Senior Open Space Planner .........................$256 Sr Associate Environmental Planner ...........$237
Associate Environmental Planner................$210
Environmental Planner II .............................$185 Environmental Planner I ..............................$171 Assistant Environmental Planner II.............$147
Assistant Environmental Planner ................$132
Conservation Strategies
Conservation Strategies Sr Project Mgr......$256
Conservation Strategies Sr Associate .........$237
Conservation Strategies Associate..............$216
Conservation Strategies Sr Scientist...........$190
Conservation Strategies Scientist ...............$173
Conservation Strategies Sr Technician .......$154
Conservation Strategies Technician............$136
Engineering
Senior Engineer ........................................$256 Sr Associate Engineer ..............................$237 Associate Engineer...................................$216 Engineer II ................................................$190 Engineer I .................................................$173 Assistant Engineer II ................................$154 Assistant Engineer ...................................$136 GIS Mapping & Analysis
GIS Manager ............................................$237 GIS Professional II....................................$198 GIS Professional .......................................$171 GIS Sr Technician.....................................$147 GIS Technician..........................................$132 Compliance Monitoring
(Overtime = Rate x 1.5)
Project Biologist.......................................$100 Field Specialists
Senior Field Technician............................$171 Field Technician .......................................$132 Junior Field Technician ............................$106 Clerical Support .........................................$91 Expert Witness ................................Rate x 1.5 Rates shown are per hour and subject to an
annual adjustment each January 1st.

Necessary project expenses and subconsultants
are billed at cost plus ten percent.

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Cost Proposal
Note: Mark-ups are Not Allowed
Consultant Biggs Cardosa Associates □ Prime Consultant X Subconsultant □   2nd Tier Subconsultant Project No. City of Livermore-------Statement of Qualifications/ Proposal for OnCall Professional Services: 2023 Storm Damage and Other Projects Participation Amount TBD
Date 2/15/2023
For Combined Rate
Fringe Benefit % + General &Administrative % = 163.48% Combined ICR% OR For Home Office Rate
Fringe Benefit % + General &Administrative % = Home Office ICR% For Field Office Rate
Fringe Benefit % + General &Administrative % = Field Office ICR% Fee = 10% %
Name/Job Title/Classification
1 Actual or Avg. % or $
Straight OT(1.5x) OT(2x) From To Hourly Rate4 increase
Anthony Notaro / Structures Manager / Associate $ 228.24 N/A N/A 1/1/2023 9/30/2023 $ 78.75 $ 239.65 N/A N/A 10/1/2024 9/30/2024 $ 82.69 5.00%
$ 251.63 N/A N/A 10/1/2025 9/30/2025 $ 86.82 5.00%
$ 264.22 N/A N/A 10/1/2026 9/30/2026 $ 91.16 5.00%
Francisco Castillo / Structures Lead / Engineering Manager $ 186.85 N/A N/A 1/1/2023 9/30/2023 $ 64.47 $ 196.19 N/A N/A 10/1/2024 9/30/2024 $ 67.69 5.00%
$ 206.00 N/A N/A 10/1/2025 9/30/2025 $ 71.08 5.00%
$ 216.30 N/A N/A 10/1/2026 9/30/2026 $ 74.63 5.00%
Principal $ 289.83 N/A N/A 1/1/2023 9/30/2023 $ 100.00 100.00 $ to 120.00 $ $ 304.32 N/A N/A 10/1/2024 9/30/2024 $ 105.00 5.00% 105.00 $ to 126.00 $ $ 319.54 N/A N/A 10/1/2025 9/30/2025 $ 110.25 5.00% 110.25 $ to 132.30 $ $ 335.51 N/A N/A 10/1/2026 9/30/2026 $ 115.76 5.00% 115.76 $ to 138.92 $ Associate $ 275.34 N/A N/A 1/1/2023 9/30/2023 $ 95.00 86.00 $ to 99.00 $ $ 289.10 N/A N/A 10/1/2024 9/30/2024 $ 99.75 5.00% 90.30 $ to $ 103.95 $ 303.56 N/A N/A 10/1/2025 9/30/2025 $ 104.74 5.00% 94.82 $ to $ 109.15 $ 318.74 N/A N/A 10/1/2026 9/30/2026 $ 109.97 5.00% 99.56 $ to $ 114.60 Engineering Manager $ 231.86 N/A N/A 1/1/2023 9/30/2023 $ 80.00 75.00 $ to 85.00 $ $ 243.46 N/A N/A 10/1/2024 9/30/2024 $ 84.00 5.00% 78.75 $ to 89.25 $ $ 255.63 N/A N/A 10/1/2025 9/30/2025 $ 88.20 5.00% 82.69 $ to 93.71 $ $ 268.41 N/A N/A 10/1/2026 9/30/2026 $ 92.61 5.00% 86.82 $ to 98.40 $ Senior Engineer $ 202.88 N/A N/A 1/1/2023 9/30/2023 $ 70.00 68.00 $ to 74.00 $ $ 213.02 N/A N/A 10/1/2024 9/30/2024 $ 73.50 5.00% 71.40 $ to 77.70 $ $ 223.67 N/A N/A 10/1/2025 9/30/2025 $ 77.18 5.00% 74.97 $ to 81.59 $ $ 234.86 N/A N/A 10/1/2026 9/30/2026 $ 81.03 5.00% 78.72 $ to 85.66 $ Project Engineer $ 176.80 N/A N/A 1/1/2023 9/30/2023 $ 61.00 60.00 $ to 65.00 $ $ 185.63 N/A N/A 10/1/2024 9/30/2024 $ 64.05 5.00% 63.00 $ to 68.25 $ $ 194.92 N/A N/A 10/1/2025 9/30/2025 $ 67.25 5.00% 66.15 $ to 71.66 $ $ 204.66 N/A N/A 10/1/2026 9/30/2026 $ 70.62 5.00% 69.46 $ to 75.25 $ Staff Engineer $ 162.30 N/A N/A 1/1/2023 9/30/2023 $ 56.00 54.00 $ to 59.00 $ $ 170.42 N/A N/A 10/1/2024 9/30/2024 $ 58.80 5.00% 56.70 $ to 61.95 $ $ 178.94 N/A N/A 10/1/2025 9/30/2025 $ 61.74 5.00% 59.54 $ to 65.05 $ $ 187.89 N/A N/A 10/1/2026 9/30/2026 $ 64.83 5.00% 62.51 $ to 68.30 $ Assistant Engineer $ 144.91 N/A N/A 1/1/2023 9/30/2023 $ 50.00 48.00 $ to 53.00 $ $ 152.16 N/A N/A 10/1/2024 9/30/2024 $ 52.50 5.00% 50.40 $ to 55.65 $ $ 159.77 N/A N/A 10/1/2025 9/30/2025 $ 55.13 5.00% 52.92 $ to 58.43 $ $ 167.76 N/A N/A 10/1/2026 9/30/2026 $ 57.88 5.00% 55.57 $ to 61.35 $ Junior Engineer $ 127.52 N/A N/A 1/1/2023 9/30/2023 $ 44.00 40.00 $ to 47.00 $ $ 133.90 N/A N/A 10/1/2024 9/30/2024 $ 46.20 5.00% 42.00 $ to 49.35 $ $ 140.60 N/A N/A 10/1/2025 9/30/2025 $ 48.51 5.00% 44.10 $ to 51.82 $ $ 147.63 N/A N/A 10/1/2026 9/30/2026 $ 50.94 5.00% 46.31 $ to 54.41 $ Senior Computer Drafter $ 153.61 N/A N/A 1/1/2023 9/30/2023 $ 53.00 50.00 $ to 55.00 $ $ 161.29 N/A N/A 10/1/2024 9/30/2024 $ 55.65 5.00% 52.50 $ to 57.75 $ $ 169.35 N/A N/A 10/1/2025 9/30/2025 $ 58.43 5.00% 55.13 $ to 60.64 $ $ 177.82 N/A N/A 10/1/2026 9/30/2026 $ 61.35 5.00% 57.88 $ to 63.67 $ Computer Drafter $ 104.34 N/A N/A 1/1/2023 9/30/2023 $ 36.00 30.00 $ to 45.00 $ $ 109.55 N/A N/A 10/1/2024 9/30/2024 $ 37.80 5.00% 31.50 $ to 47.25 $ $ 115.03 N/A N/A 10/1/2025 9/30/2025 $ 39.69 5.00% 33.08 $ to 49.61 $ $ 120.78 N/A N/A 10/1/2026 9/30/2026 $ 41.67 5.00% 34.73 $ to 52.09 $ BIM/Visualization Specialist $ 139.12 N/A N/A 1/1/2023 9/30/2023 $ 48.00 40.00 $ to 52.00 $ $ 146.07 N/A N/A 10/1/2024 9/30/2024 $ 50.40 5.00% 42.00 $ to 54.60 $ $ 153.38 N/A N/A 10/1/2025 9/30/2025 $ 52.92 5.00% 44.10 $ to 57.33 $ $ 161.05 N/A N/A 10/1/2026 9/30/2026 $ 55.57 5.00% 46.31 $ to 60.20 $ Admin/ Secretarial Services $ 104.34 N/A N/A 1/1/2023 9/30/2023 $ 36.00 30.00 $ to 45.00 $ $ 109.55 N/A N/A 10/1/2024 9/30/2024 $ 37.80 5.00% 31.50 $ to 47.25 $ $ 115.03 N/A N/A 10/1/2025 9/30/2025 $ 39.69 5.00% 33.08 $ to 49.61 $ $ 120.78 N/A N/A 10/1/2026 9/30/2026 $ 41.67 5.00% 34.73 $ to 52.09 $ NOTES:

1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**).All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

2. The cost proposal format shall not be amended.

3. Billing rate = actual hourly rate * (1+ ICR) * (1+ Fee). Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans. All costs must comply with the Federal cost principles for reimbursement.

4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification.

Not Applicable
Not Applicable
Not Applicable
EXHIBIT 10-H2 COST PROPOSAL

SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)

BILLING INFORMATION CALCULATION INFORMATION
Hourly Billing Rates3 Effective date of hourly rate Hourly range - for classifications only
Not Applicable
Not Applicable
Not Applicable
Not Applicable
Not Applicable
DocuSign Envelope ID: 8A9F290D-B602-4327-AD52-4E8ABF76E49D

EXHIBIT A
112
Central California Rates | CONFIDENTIAL www.KierWright.com

HOURLY RATE SCHEDULE
Effective March 1, 2023 through February 29, 2024
Principal.............................................................................................................................................................................................................$ 293.00 / Hour Principal Engineer.....................................................................................................................................................................................$ 266.00 / Hour Senior Engineer Manager.....................................................................................................................................................................$ 245.00 / Hour Technical Manager ...................................................................................................................................................................................$ 245.00 / Hour Senior Engineer ...........................................................................................................................................................................................$ 232.00 / Hour Engineer III.......................................................................................................................................................................................................$ 216.00 / Hour Engineer II........................................................................................................................................................................................................$ 180.00 / Hour Engineer I .........................................................................................................................................................................................................$ 150.00 / Hour Senior Survey Construction Manager .........................................................................................................................................$ 239.00 / Hour Senior Land Surveyor..............................................................................................................................................................................$ 239.00 / Hour Project Surveyor III .....................................................................................................................................................................................$ 214.00 / Hour Project Surveyor II.......................................................................................................................................................................................$ 173.00 / Hour Project Surveyor I.......................................................................................................................................................................................$ 148.00 / Hour Survey Coordinator...................................................................................................................................................................................$ 204.00 / Hour Engineering Tech III..................................................................................................................................................................................$ 194.00 / Hour Engineering Tech II ...................................................................................................................................................................................$ 176.00 / Hour Engineering Tech I.....................................................................................................................................................................................$ 164.00 / Hour Draftsman / Survey Tech III ...............................................................................................................................................................$ 150.00 / Hour Draftsman / Survey Tech II..................................................................................................................................................................$ 124.00 / Hour Draftsman / Survey Tech I...................................................................................................................................................................$ 114.00 / Hour 3-Man Survey Crew..................................................................................................................................................................................$ 420.00 / Hour 2-Man Survey Crew..................................................................................................................................................................................$ 332.00 / Hour 1-Man Survey Crew...................................................................................................................................................................................$ 205.00 / Hour Testimony (Trial or Deposition) ........................................................................................................................................................$ 572.00 / Hour Project Coordinator III .............................................................................................................................................................................$ 140.00 / Hour Project Coordinator II................................................................................................................................................................................$ 123.00 / Hour Project Coordinator I................................................................................................................................................................................$ 107.00 / Hour Engineering / Survey Intern................................................................................................................................................................. $ 62.00 / Hour 3D Laser Scanning Crew......................................................................................................................................................................$ 409.00 / Hour All blueprinting and reproduction will be billed at cost plus 10%.

Time spent for preparation for testimony will be billed in accordance with the above hourly rates.

DocuSign Envelope ID: 8A9F290D-B602-4327-AD52-4E8ABF76E49D

EXHIBIT A
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Prevailing Wage Hourly Fee Rates and Equipment Charges
Through December 31, 2023
Administrative Assistant $105
Engineering Technician I $180
Construction Services Administrator $135
Engineering Technician II $180
Technical Illustrator/CAD Operator $150
Supervisory Technician $180
Staff Engineer or Geologist $180
Senior Supervisory Technician $180
Senior Staff Engineer or Geologist $193
Project Engineer or Geologist $215
Principal Construction Services $215
Senior Project Engineer or Geologist $220
Principal Engineer or Geologist $265
Senior Principal Engineer or Geologist $295
Charges for personnel will be made in accordance with the above rates. For field engineers, geologists and technicians, regular rates are normal workday construction hours (Monday through Friday). For time spent over 8 hours in a day, time spent after 5 p.m., time spent on swing shifts, and time spent on Saturdays by field personnel, overtime rates will be charged at 1.5 times the hourly rate. Work on Sundays and holidays and work in excess of 12 hours in one day will be charged at 2.0 times the hourly rate. Field rates are based on a 48-hour notice. For less than a 48-hour notice, a 10 percent surcharge will be added. All field personnel, vehicle and equipment charges are portal to portal. Reproduction of project documents will be charged as a project expense. The hourly rate for professional staff to attend legal proceedings will be 2.0 times the hourly rate specified above.

Equipment Charges Geotechnical Laboratory Tests
Vehicle $28 per hour Tests Run Tests Run
Nuclear Density Gauge $11 per test During Normal Outside 55-Gallon Drum $100 each Workday Hours Workday Hours
GPS Unit $90 per day Compaction Curve $330 each $495 each Hand Auger Equipment $50 per day Compaction Check Point $170 each $270 each Power Auger $125 per day Plasticity Index $250 each $350 each PDR-1000 Dust Meter (3) $300 per day, $1,200 per week, $4,000 per month Sieve/Hydrometer $250 each $350 each PID ppmv
PID ppbv
$130 per day, $600 per week, $2,000 per month
$150 per day, $650 per week, $1,950 per month
Moisture Content $8 each $10 each
Air Pump $80 per day, $350 per week, $1,000 per month Moisture/Density $30 each $50 each Weather Station $80 per day, $350 per week, $1,000 per month -#200 Wash $60 each $80 each Benkelman Beam $175 per day, $750 per week, $2,800 per month Sieve < ¾ inch Liner (small) $125 each $190 each Double Ring Infiltrometer $100 per day Sieve > ¾ inch Bucket (Large) $225 each $330 each Dynamic Cone $100 per day Lime Stability $360 each $550 each Differential Pressure Gauge $50 per day Consolidation
Soil Corrosion Testing
$415 each
$235 each
$680 each
$450 each
Air Flow Sensors
Pressure Control Testing
Depth Sounder
$50 per day
$275 per day
$50 per day

Liner and Two Caps $12 each
Core N One Sampler $50 each triplicate sample
Core N One Handle $60 each
Modeling Software $25 per hour
Plotter
Drone
$10 per plot
$50 per hour

Direct Expenses
Reimbursement for the direct expenses listed below incurred in connection with the Work will be billed at cost plus 18 percent. 1) Drillers, utility locators, laboratories, contractors, hygienists, and consultants 2) Rented vehicles, public transportation, tolls, and air flights 3) Permits and special fees, insurances and licenses required to perform Work 4) Computer programs and rented field equipment
5) Large volume copying of project documents
6) Maps, photographs, and environmental databases
7) Overnight or same day delivery charges
8) Copying or production of over-sized figures and plans If personnel are assigned to a project 100 miles or more from an office, $175 per diem per person allowance will be charged. Unless mutually agreed in writing, Cornerstone will hold samples collected during the performance of the Work no longer than thirty (30) calendar days after their date of collection; project samples requested to be held greater than thirty (30) calendar days will be billed at $100 per every ninety (90) calendar days. If payment is not received within 30 days of invoice date, the samples will be discarded.

Payment
Payment for Work completed is due upon receipt of Cornerstone’s statement. Fixed fee or lump sum services will be billed for the agreed fixed fee. A service charge of 1.5 percent per month will be charged on accounts not paid within 30 days.

Prevailing Wage
Client must notify Cornerstone in writing if the Work is subject to “prevailing wage” under local, state or federal laws.

DocuSign Envelope ID: 8A9F290D-B602-4327-AD52-4E8ABF76E49D

EXHIBIT A
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EXHIBIT B

INSURANCE REQUIREMENTS
Minimum Scope and Limits of Insurance
Consultant/Contractor shall maintain limits no less than:

1. Commercial General Liability, including operations, products, and completed operations, as applicable:
$5,000,000 per occurrence/$10,000,000 aggregate for bodily injury, personal injury, and property damage. If Commercial General Liability or other form of insurance with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability:
$2,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation and Employer's Liability:

Statutory limits as required by the State of California including $1,000,000 Employers’ Liability per accident, per employee for bodily injury or disease. A waiver of subrogation is required for Workers’ Compensation insurance. If Consultant/Contractor is a sole proprietor, then they must sign “Contractor Release of Liability”.

4. Professional Liability/Errors and Omissions:
$5,000,000 per claim. Consultant/Contractor warrants that any retroactive date under this policy shall precede the effective date of this contract and, either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two years beginning at the time work under this contract is completed.

Deductibles and Self-Insured Retention
All self-insured retentions (SIR) must be disclosed to Risk Management for approval and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide, or be endorsed to provide, that the SIR may be satisfied by either the named insured or the City of Livermore. The City of Livermore reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:

VII and accepted to do business in the State of California, unless otherwise acceptable to the City of Livermore.

Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City of Livermore, its officers, officials, employees, and designated DocuSign Envelope ID: 8A9F290D-B602-4327-AD52-4E8ABF76E49D

EXHIBIT A
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Revised 1/3/2020 B11.5 – 5M E&O

volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Consultant/Contractor; or automobiles owned, leased, hired or borrowed by the Consultant/Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Livermore, its officers, officials, employees, or volunteers.

2. The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. The additional insured coverage under the Consultant’s/Contractor’s policy shall be primary and non-contributory and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as ISO Form CG 20 10 04 13. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Livermore before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

3. Any failure to comply with reporting or other provisions of the policy, including breaches of warranties, shall not affect coverage provided to the City of Livermore, its officers, officials, employees, or volunteers.

4. The Consultant’s/Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party before expiration of the policy unless notice is delivered in accordance with policy provisions.

6. It shall be a requirement under this agreement that any available insurance proceeds broader than, or in excess of, the specified minimum insurance coverage requirements and/or limits shall be available to the additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater.

7. Certificate Holder section of the insurance certificate should read: City of Livermore, 1052 S. Livermore Avenue, Livermore, CA 94550 Verification of Coverage
Consultant/Contractor shall furnish certificates of insurance and endorsement(s) effecting coverage to the City of Livermore for approval. The endorsements shall be on forms acceptable to the City of Livermore. All certificates and endorsements are to be received and approved by the City of Livermore before work commences. The City of Livermore reserves the right to require complete and certified copies of all insurance policies required by this Agreement.

DocuSign Envelope ID: 8A9F290D-B602-4327-AD52-4E8ABF76E49D

EXHIBIT A
116
1 FEMA PROVISIONS FOR CONSTRUCTION CONTRACT
Exhibit "Special Provisions – Fema Federal Provisions”
I. DEFINITIONS
A. Government means the United States of America and any executive department or agency thereof.

B. FEMA means the Federal Emergency Management Agency.

C. Third Party Subcontract means a subcontract at any tier entered into by Contractor or subcontractor, financed in whole or in part with Federal assistance originally derived from the Federal Emergency Management Agency.

II. FEDERAL CHANGES
A. Contractor shall at all times comply with all applicable regulations, policies, procedures, and FEMA Directives as they may be amended or promulgated from time to time during the term of this Agreement, including but not limited to those requirements of 2 CFR 200.317 through 200.326 and more fully set forth in Appendix II to Part 200—Contract Provisions for non–Federal Entity Contracts Under Federal Awards, which is included herein by reference. Contractor's failure to so comply shall constitute a material breach of this contract.

B. The Contractor agrees to include the above clause in each third party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

III. ACCESS TO RECORDS
A. The Contractor agrees to provide the City, FEMA, the Comptroller General of the United States or any their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this Agreement for the purposes of making audits, examinations, excerpts, and transcriptions.

B. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

C. The Contractor agrees to maintain all books, records, accounts, and reports required under this Agreement for a period of not less than three years after the later of: (a) the date of termination or expiration of this Agreement or (b) the date City makes final payment under this Agreement, except in the event of litigation or settlement of claims arising from the performance of this Agreement, in which case, Contractor agrees to maintain same until the City, FEMA, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims, or exceptions related thereto.

D. The requirements set for in paragraphs A, B, and C above are all in addition to, and should not be considered to be in lieu of, those requirements set forth in Section 2.3.10 of the General Conditions.

IV. DEBARMENT AND SUSPENSION
A. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

B. Contractor represents and warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension" or on the USEPA's List of Violating Facilities. Contractor agrees that neither Contractor nor any of its third party subcontractors shall enter into any third party subcontracts for any

EXHIBIT C
DocuSign Envelope ID: 8A9F290D-B602-4327-AD52-4E8ABF76E49D

EXHIBIT A
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2 FEMA PROVISIONS FOR CONSTRUCTION CONTRACT
of the work under this Agreement with a third party subcontractor who is debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs under executive Order 12549 or on the USEPA's List of Violating Facilities. Gov. Code § 4477.

C. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. Contractor agrees to the provisions of Attachment D1, Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions, attached hereto and incorporated herein. For purposes of this Agreement and Attachment D1, Contractor is the “prospective lower tier participant.”
D. The Contractor agrees to include paragraphs A and B above in each third party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the paragraphs shall not be modified, except to identify the subcontractor who will be subject to its provisions.

E. This certification is a material representation of fact relied upon by City. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the State of California, the City, and the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

F. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.”
V. NO FEDERAL GOVERNMENT OBLIGATIONS TO CONTRACTOR
A. The City and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Government, the Government is not a party to this contract and shall not be subject to any obligations or liabilities to the City, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.

B. The Contractor agrees to include the above clause in each third party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

VI. EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE (applicable to all construction contracts awarded meeting the definition of “federally assisted construction contract” under 41 CFR 61-1.3) Contractor agrees to comply with Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Part 60). 41 CFR 60.14 is hereby incorporated by reference.

A. Contractors and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, sexual orientation, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave.

B. Contractors, and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

C. Contractors and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth DocuSign Envelope ID: 8A9F290D-B602-4327-AD52-4E8ABF76E49D

EXHIBIT A
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3 FEMA PROVISIONS FOR CONSTRUCTION CONTRACT
in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full.

D. Contractors, and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

VII. ANTI-KICKBACK ACT COMPLIANCE (applicable to all contracts and subgrants for construction or repair; Appendix II to Part 200--Contract Provisions for non-Federal Entity Contracts Under Federal Awards.). Contractor agrees to comply with the Copeland “Anti-Kickback” Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3).

VIII. DAVIS-BACON ACT COMPLIANCE (applicable to construction contracts in excess of $2,000 awarded by grantees and subgrantees when required by Federal grant program legislation;) To the extent required by any Federal grant programs applicable to expected funding or reimbursement of City’s expenses incurred in connection with the services provided under this Agreement, Contractor agrees to comply with the Davis-Bacon Act (40 U.S.C. 276a to 276a–7) as supplemented by Department of Labor regulations (29 CFR Part 5) as set forth below. These requirements are in addition to the requirements set forth in Section 19(b) of the Agreement.

A. The Contractor shall be bound to the provisions of the Davis-Bacon Act, and agrees to be bound by all the provisions of Labor Code section 1771 regarding prevailing wages. All labor on this project shall be paid neither less than the greater of the minimum wage rates established by the U.S. Secretary of Labor (Federal Wage Rates), or by the State of California Director of Department of Industrial Relations (State Wage Rates). Current DIR requirements may be found at http://www.dir.ca.gov/lcp.asp.

B. The general prevailing wage rates may be accessed at the Department of Labor Home Page at www.wdol.gov. Under the Davis Bacon heading, click on “Selecting DBA WDs.” In the drop down menu for State, select, “California.” In the drop down menu for City , select “City of Livermore .” In the drop down menu for Construction Type, make the appropriate selection. Then, click Search.

IX. CONTRACT WORK HOURS AND SAFETY STANDARDS (applicable to all contracts in excess of $100,000 that involve the employment of mechanics or laborers, but not to purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence)
A. Compliance: Contractor agrees that it shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327–330) as supplemented by Department of Labor regulations (29 CFR Part 5), which are incorporated herein.

B. Overtime: No contractor or subcontractor contracting for any part of the work under this Agreement which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

C. Violation; liability for unpaid wages; liquidated damages: In the event of any violation of the provisions of Paragraph B, the Contractor and any subcontractor responsible therefore shall be liable to any affected employee for his unpaid wages. In additions, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violation of the provisions of paragraph B in the sum of $10 for each calendar day on which such employee was required or permitted to be DocuSign Envelope ID: 8A9F290D-B602-4327-AD52-4E8ABF76E49D

EXHIBIT A
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4 FEMA PROVISIONS FOR CONSTRUCTION CONTRACT
employed on such work in excess of eight hours or in excess of his standard workweek of forty hours without payment of the overtime wages required by paragraph B.

D. Withholding for unpaid wages and liquidated damages: The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set for in paragraph C of this section.

E. Subcontracts: The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs A through D of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs A through D of this section.

X. NOTICE OF REPORTING REQUIREMENTS
A. Contractor acknowledges that it has read and understands the reporting requirements of FEMA in Part III of Chapter 11 of the United States Department of Justice’s Office of Justice Programs Financial Guide, and agrees to comply with any such applicable requirements.

B. The Contractor agrees to include the above clause in each third party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

XI. NOTICE OF REQUIREMENTS PERTAINING TO COPYRIGHTS
A. Contractor agrees that FEMA shall have a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for government purposes:
1) The copyright in any work developed with the assistance of funds provided under this Agreement;
2) Any rights of copyright to which Contractor purchases ownership with the assistance of funds provided under this Agreement.

B. The Contractor agrees to include paragraph A above in each third party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

XII. PATENT RIGHTS (applicable to contracts for experimental, research, or development projects financed by FEMA; Appendix II to Part 200--Contract Provisions for non-Federal Entity Contracts Under Federal Awards.)
A. General. If any invention, improvement, or discovery is conceived or first actually reduced to practice in the course of or under this Agreement, and that invention, improvement, or discovery is patentable under the laws of the United States of America or any foreign country, the City and Contractor agree to take actions necessary to provide immediate notice and a detailed report to FEMA.

B. Unless the Government later makes a contrary determination in writing, irrespective of Contractor's status (a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual), the City and Contractor agree to take the necessary actions to provide, through FEMA, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, “Rights to Inventions Made DocuSign Envelope ID: 8A9F290D-B602-4327-AD52-4E8ABF76E49D

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5 FEMA PROVISIONS FOR CONSTRUCTION CONTRACT
by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” 37 CFR, Part 401.

C. The Contractor agrees to include paragraphs A and B above in each third party subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FEMA.

XIII. ENERGY CONSERVATION REQUIREMENTS
A. The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC 6201).

B. The Contractor agrees to include paragraph A above in each third party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

XIV. CLEAN AIR AND WATER REQUIREMENTS (applicable to all contracts and subcontracts in excess $100,000, including indefinite quantities where the amount is expected to exceed $100,000 in any year) A. Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA).

B. Contractor agrees to report each violation of these requirements to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to FEMA and the appropriate EPA regional office.

C. The Contractor agrees to include paragraph A and B above in each third party subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA.

XV. TERMINATION FOR CONVENIENCE OF CITY (applicable to all contracts in excess of $10,000) See Section 18.4 of the General Conditions.

XVI. TERMINATION FOR DEFAULT (applicable to all contracts in excess of $10,000) Contractor’s failure to perform or observe any term, covenant or condition of this Agreement shall constitute an event of default under this Agreement. See Section 18.3 of the General Conditions XVII. CHANGES.

See Section 11 of the General Conditions.

XVIII. LOBBYING (Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended).) A. Contractor shall not use or pay any funds received under this Agreement to influence or attempt to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

B. Contractor agrees to the provisions of Attachment D2, Certification Regarding Lobbying, attached hereto and incorporated herein (applicable for contracts or subcontracts in excess of $100,000).

DocuSign Envelope ID: 8A9F290D-B602-4327-AD52-4E8ABF76E49D

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C. Contractor agrees to include paragraphs A and B above in each third party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

XIX. MBE / WBE REQUIREMENTS
The City intends to seek reimbursement of its costs incurred in connection with this project from FEMA.

Accordingly, the CONTRACTOR shall make every effort to procure Minority and Women's Business Enterprises ("DBEs") through the "Good Faith Effort" process as required in 2 CFR 200.321. Failure to perform the "Good Faith Effort" process and submit the forms listed below with the bid shall be cause for a bid to be rejected as non-responsive and/or be considered as a material breach of the contract.

PRIME CONTRACTOR RESPONSIBILITIES
All recipients of this grant funding, as well as their prime contractors and subcontractors, must take all affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible make every effort to solicit bids from eligible DBEs. This information must be documented and reported.
"GOOD FAITH" EFFORT PROCESS
Any public or private entity receiving federal funds must demonstrate that efforts were made to attract MBE/WBEs. The process to attract MBE/WBEs is referred to as the "Good Faith" effort. This effort requires the recipient, prime contractor and any subcontractors to take the steps listed below to assure that MBE/WBEs are used whenever possible as sources of supplies, construction, equipment, or services. If a CONTRACTOR fails to take the steps outlined below shall cause the bid to be rejected as non-responsive and/or be deemed a material breach of the contract.

A. Place qualified small and minority businesses and women's business enterprises on solicitation lists; B. Assure that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;
C. Divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; D. Establish delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and E. Use the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce.

F. If subcontracts are to be let, Contractor shall take the affirmative steps listed in 2 CFR 200.321.

XX. PROCUREMENT OF RECOVERED MATERIALS (2 CFR 200.322)
Contractor shall comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

DocuSign Envelope ID: 8A9F290D-B602-4327-AD52-4E8ABF76E49D

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XXI. INCORPORATION OF UNIFORM ADMINISTRATIVE REQUIREMENTS The preceding provisions include, in part, certain standard terms and conditions required by FEMA, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by FEMA are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FEMA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. Contractor shall not perform any act, fail to perform any act, or refuse to comply with any City requests that would cause City to be in violation of the FEMA terms and conditions.

XXII. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS.

The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor’s actions pertaining to this contract.

XXIII. DHS SEAL, LOGO, AND FLAGS.

The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval.

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8 FEMA PROVISIONS FOR CONSTRUCTION CONTRACT
Attachment D1

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION – LOWER TIER COVERED TRANSACTIONS
(Lower Tier refers to the agency or contractor receiving Federal funds, as well as any subcontractors that the agency or contractor enters into contract with using those funds) As required by Executive Order 12549, Debarment and Suspension, as defined at 44 CFR Part 17, City may not enter into contract with any entity that is debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by the Federal Government from participating in transactions involving Federal funds. Contractor is required to sign the certification below which specifies that neither Contractor nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by the Federal agency. It also certifies that Contractor will not use, directly or indirectly, any of these funds to employ, award contracts to, engage the services of, or fund any contractor that is debarred, suspended, or ineligible under 44 CFR Part 17.

Instruction for Certification

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances.

4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definition and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this agreement that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary ExclusionLower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it DocuSign Envelope ID: 8A9F290D-B602-4327-AD52-4E8ABF76E49D

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9 FEMA PROVISIONS FOR CONSTRUCTION CONTRACT
determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Nonprocurement Programs.

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction originated may pursue available remedies, including suspension and/or debarment.

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions

1. The prospective lower tier participant certifies, by submission of its proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Contractor Signature Date
DocuSign Envelope ID: 8A9F290D-B602-4327-AD52-4E8ABF76E49D

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10 FEMA PROVISIONS FOR CONSTRUCTION CONTRACT
Attachment D2

CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loan, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Contractor Signature Date
DocuSign Envelope ID: 8A9F290D-B602-4327-AD52-4E8ABF76E49D

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CITY COUNCIL STAFF REPORT ITEM NO. 5.6
DATE: June 12, 2023
TO: Honorable Mayor and City Council
FROM: Paul Spence, Community Development Director
SUBJECT: Resolution authorizing execution of the third amendment to the engineering services agreement with Watry Buehler Collaborative, LLP increasing the not-to-exceed contract amount from $1,624,000 to $1,792,800 for additional construction engineering support services associated with the Livermore Village (L Street) Parking Garage Construction, Project 586003

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute the third amendment to the engineering services agreement with Watry Buehler Collaborative, LLP increasing the not-to-exceed contract amount from $1,624,000 to $1,792,800 for additional construction engineering support services associated with the Livermore Village (L Street) Parking Garage Construction Project 586003.

SUMMARY
This third amendment with Watry Buehler Collaborative, LLP covers additional construction engineering support services that are required to complete Phase 1 and Phase 2 of the Livermore Village (L Street) Parking Garage Construction Project 586003. Phase 1 involves construction of the trash enclosure and surface parking lot east of the future L Street Garage and Phase 2 is for construction of the garage.

Additional services include design modifications during construction and additional coordination with stakeholders and contractors. The third amendment in the amount of $168,800 increases the total amount of the engineering services agreement from $1,624,000 to $1,792,800.

DISCUSSION
The Livermore Village (L Street) Parking Garage Construction Project involves constructing a garage and associated site improvements east of L Street and south of Veterans Way. As shown in Attachment 1, the project is being constructed in two phases. The first phase is nearly complete and consists of reconfiguring the surface parking lot south of Veterans Way and east of the future garage and constructing a trash enclosure and electrical infrastructure for future electric vehicle charging stations.

The second phase involves building the four-level, 452 space garage, constructing a new pedestrian 127
path between First Street and the garage, and extending the pedestrian path on the east side of the surface lot. Additional Phase 2 improvements include an access road south of the garage, landscaping north of the garage on Veterans Way, surface lot improvements connecting the garage to the Phase 1 lot, installing a crosswalk at Veterans Way and L Street, and improvements along the property lines between the businesses and the garage. Phase 2 began construction in April and is scheduled for completion in late fall 2024.

On December 14, 2021, the City entered into an engineering services agreement with Watry Buehler Collaborative to design the L Street Garage and associated site improvements and to also provide construction engineering services during construction. The original agreement has been amended twice to provide additional design services. These two amendments increased the amount of the agreement by $214,000 to a total amount of $1,624,000. This third amendment covers additional construction engineering support services for both Phase 1 and Phase 2.

Phase 1 additional services:

Coordinating layout of First Street Alehouse back patio improvements with surface parking lot grades.

Site modifications required due to electric vehicle charging station electric design changes.

Additional specialty field inspections.

Additional submittal reviews and contractor coordination.

Longer construction duration budgeted due to inclement weather and contractor delays.

Phase 2 additional services:

Coordinating design changes with the electric vehicle charging station consultant.

Coordinating field changes with remediation consultant.

Coordinating locations of vaults and underground conduits with joint trench consultant.

Construction support services between award of the contract and notice to proceed. This period was longer than expected due to preliminary work that had to be completed before the garage construction could start. Weather delays also extended this period. Consultant provided submittal reviews during this period.

Longer construction duration than budgeted in original agreement. The original agreement anticipated a 15-month construction schedule. The construction duration was extended to 18 months prior to bid, based on feedback from the construction management consultant.

The third amendment will increase the amount of the agreement by $168,800 to a total amount of $1,792,800. This total amount is approximately 6% of the $30.09 million construction contract which is well within the standard range for design and construction engineering support services.

FISCAL AND ADMINISTRATIVE IMPACTS
The budget for Livermore Village Parking Garage Construction Project 586003 in the 2023-2028 Capital Improvement Plan covers the cost of this third amendment and all other project costs; therefore, no additional appropriations are necessary. Funding is from 2022 COP Debt Construction Fund 320.

COMMUNITY PILLAR
4: Inclusive & Inviting Spaces & Places
GOAL
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3: Continue to implement the Downtown Specific Plan

GUIDING DOCUMENT
Downtown Specific Plan

ATTACHMENTS

1. Site Plan

2. Resolution

3. Exhibit A - Third Amendment to Engineering Services Agreement with Watry Buehler Collaborative, LLP
Prepared by: Joel Waxdeck
Assistant City Engineer
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
129
Livermore Village Garage
Site Plan
ATTACHMENT 1
130
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF A THIRD AMENDMENT TO THE

ENGINEERING SERVICES AGREEMENT WITH WATRY BUEHLER

COLLABORATIVE, LLP INCREASING THE NOT-TO-EXCEED CONTRACTAMOUNT FROM $1,624,000 to $1,792,800
(Livermore Village Parking Garage Construction Project 586003) On December 14, 2021, the City of Livermore (“City”) entered into an engineering services agreement with Watry Buehler Collaborative, LLP to design the L Street Garage and associated site improvements and to also provide construction engineer services during construction. The original agreement was amended twice to provide additional design services. These two amendments increased the amount of the agreement by $214,000 to a total amount of $1,624,000. This third amendment covers additional construction engineering support services, including design modifications during construction, and additional coordination with stakeholders and contractors. The third amendment in the amount of $168,800 increases the total amount of the engineering services agreement from $1,624,000 to $1,792,800.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby authorizes the City Manager to execute a third amendment to the engineering services agreement with Watry Buehler Collaborative, LLP, attached hereto as Exhibit A, increasing the not-to-exceed contract amount from $1,624,000 to $1,792,800 for additional construction engineering support services associated with the Livermore Village (L Street) Parking Garage Construction Project 586003.

On motion of Council Member _________________________, seconded by Council Member ________________________, the foregoing resolution was passed and adopted on June 12, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Tara Mazzanti
Marie Weber Tara Mazzanti
City Clerk Assistant City Attorney
Exhibit A – Third Amendment to Engineering Services Agreement with Watry Buehler Collaborative, LLP
131

THIRD AMENDMENT TO

ENGINEERING SERVICES AGREEMENT
THIS THIRD AMENDMENT, is made and entered into this ____ day of ________, 2023, by and between the City of Livermore, a municipal corporation (“City”), and Watry Buehler Collaborative, LLP, a California Corporation (“Consultant”).

RECITALS
On December 14, 2021, City and Consultant entered into an agreement for Consultant to provide engineering design services to design a parking garage and site improvements and provide engineering services during construction in connection with Livermore Village Parking Garage Construction Project 586003 for City (“Original Agreement”). Section 21 of the Original Agreement requires that any modifications to it must be in writing and signed by the parties.

On May 16, 2022, City and Consultant amended the Original Agreement to add additional design services for the Phase 1 and Phase 2 projects and a constructability review of the Phase 2 50% construction documents. ("First Amendment") On November 29, 2022, City and Consultant amended the Original Agreement and First Amendment to add additional design services for the Phase 2 bid package. ("Second Amendment")
City and Consultant desire to amend the Original Agreement, First Amendment, and Second Amendment to add additional construction engineering support services for the Phase 1 and Phase 2 Livermore Village Parking Garage Construction Project 586003 and increase the Consultant’s compensation by $168,800. This is the Third amendment to the Original Agreement.

AGREEMENT
NOW, THEREFORE, City and Consultant hereby agree that the aforementioned recitals are true and correct and further agree as follows:

1. The Original Agreement is amended as follows:

A. Section 3 of the Original Agreement is amended to read as follows:

Description of Services. Consultant shall provide engineering services to design a parking garage and site improvements and provide engineering services during construction in conjunction with Livermore Village Parking Garage Construction Project 586003 (“Project”), as more particularly set forth in exhibit “A” to the Original Agreement, Exhibit “A-1” to the First Amendment, Exhibit “A-2” to the Second Amendment, and Exhibit “A-3” to DocuSign Envelope ID: 5565DE18-FD78-41E1-9C9A-0CBF1305E2F9

EXHIBIT A
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this Third Amendment (collectively “the Services”)
B. Section 6(a) of the Original Agreement is amended to read as follows:

Compensation and Payment. The total compensation payable by City to Consultant for the Services SHALL NOT EXCEED the sum of $1,792,800 (“not-to-exceed amount”).

1. The compensation payable by the City to the Consultant for the Services required by Exhibit “A” of the Original Agreement SHALL NOT EXCEED the sum of $1,410,000.

2. The compensation payable by the City to the Consultant for the Services required by Exhibit “A-1” of the First Amendment SHALL NOT EXCEED the sum of $100,000.

3. The compensation payable by the City to the Consultant for the Services required by Exhibit “A-2” of the Second Amendment SHALL NOT EXCEED the sum of $114,000.

4. The compensation payable by the City to the Consultant for the Services required by Exhibit “A-3” of the Third Amendment SHALL NOT EXCEED the sum of $168,800.

City shall compensate consultant for the Services rendered at the hourly rates or task amounts set forth in Exhibit “A” to the Original Agreement, Exhibit “A-1” to the First Amendment, Exhibit “A-2” to the second Amendment, and Exhibit “A-3” to the Third Amendment up to the not-toexceed amount. Except as provided in the body of the agreement, the hourly rates or task amounts are intended to be Consultant’s only compensation for the Services and is inclusive of all costs of labor, licensing, permitting, overhead, and administrative costs, and any-and-all other costs, expenses, and charges incurred by Consultant, its agents, and employees to provide the services.

2. These amendments are prospective and only apply to the Services rendered by Consultant after the execution of this Amendment. Unless otherwise stated herein, this Amendment does not relieve the parties of the terms and conditions of the Original Agreement as written and in effect at the time the Services were rendered.

3. Except as amended above, the Original Agreement remains in full force and effect. [SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: 5565DE18-FD78-41E1-9C9A-0CBF1305E2F9

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In concurrence and witness whereof, and in recognition of the mutual consideration provided therefore, the parties have executed this Agreement effective on the date first written above.

CONSULTANT: Dated:
____________________________ ___________________________ By: John D Harvey
Title: Principal
CITY OF LIVERMORE: Dated:
____________________________ ____________________________ Marianna Marysheva
City Manager
APPROVED AS TO FORM:
___________________________
Assistant/City Attorney
APPROVED AS TO INSURANCE:

Risk Manager/Analyst
Attachment:

Exhibit A-3
DocuSign Envelope ID: 5565DE18-FD78-41E1-9C9A-0CBF1305E2F9 5/14/2023 | 8:59 AM PDT

EXHIBIT A
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Exhibit A-3
Scope of Work
Third Amendment
Livermore Village Parking Garage Construction Project 586003 The City of Livermore has requested the following additional Scope of Work pertaining to the design of the ‘L’ Street Trash Enclosure and Parking Structure. The additional design team scope of work is summarized below.

Additional Scope of Work Items
Alehouse Patio Doors (Additional Fee = $5,000.00)
It was brought to the design team’s attention that there are ADA concerns pertaining to the installed patio access door at the First Street Alehouse (that was not part of our project). At the request of the City, the design team provided the following:
• Attended meetings discussing the as-built ADA condition of the patio access door. • Provided revised Civil drawings to address any issues. • Retained CASp consultant for site visit to review conditions.

Additional Trash Enclosure Construction Administration (Additional Fee = $70,000.00) The following are additional unforeseen items that have occurred to date on the Trash Enclosure project:
• City requested alteration to landscaping and civil design to add temporary loading zone during construction.
• Slab blockout coordination issues.
• Contractor errors beyond industry standard, including sidewalks, rebar locations, underground work and conduits.
• Multiple product resubmittals. The sectional overhead door had 2 additional resubmittals, and the thin brick product had 3 additional resubmittals. • Coordination and meetings to assist the contractor in procuring the overhead sectional door.
• Extensive underground work, which was not anticipated in the original scope of work. • Electric Vehicle Charger revisions that occurred after 100% Construction Documents. • Additional design team effort due to contract time extension due to altered scope, contractor errors, non-performance, etc.

Additional ‘L’ Street Parking Structure Construction Administration (Additional Fee = $73,800.00)
The following are additional unforeseen items that have occurred to date on the ‘L’ Street Parking Structure project:
• Added underground work and coordination with the City’s remediation consultant. • Additional coordination time due to alterations in the EV Charger requirements and locations made by EBCE.
• The additional meetings and coordination to facilitate an “early start” of the construction process prior to the contractor having a Notice to Proceed. (Review of submittals and RFI’s
DocuSign Envelope ID: 5565DE18-FD78-41E1-9C9A-0CBF1305E2F9

EXHIBIT A
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• Redesign the sewer line due to pothole date results on the 12” water main. • Additional coordination to determine the best locations for the joint trench vaults. • Increased anticipated construction schedule from 15 months to 18 months.

As-Directed Services (Additional Fee = $20,000.00)
- Consultant shall provide as-directed services to the City. A budget allowance of $20,000.00 has been included. Any use of this budget allowance shall require written authorization from the City that includes scope of as-directed services and an agreed upon not-to-exceed limit.

Our compensation for these services will be the following:
(Alehouse Patio Doors)
Watry Buehler Collaborative .............................................. $1,500.00 Komorous Towey Architects .............................................. $3,500.00 Total ................................................................................... $5,000.00 (Additional Trash Enclosure Construction Administration) (Based on Hourly / Time and Materials)
Watry Buehler Collaborative ............................................ $10,000.00 Komorous Towey Architects ............................................ $50,000.00 Kier and Wright ................................................................ $10,000.00 Total ................................................................................. $70,000.00 (Additional ‘L’ Street P.S. Construction Administration) Watry Buehler Collaborative .............................................. $6,000.00 Komorous Towey Architects ............................................ $50,500.00 Kier and Wright ................................................................ $10,000.00 Guttman & Blaevoet ........................................................... $7,300.00 Total ................................................................................. $73,800.00 (As-Directed Services) .................................................... $20,000.00 TOTAL FOR SECOND AMENDMENT ................... $168,800.00 DocuSign Envelope ID: 5565DE18-FD78-41E1-9C9A-0CBF1305E2F9

EXHIBIT A
136
CITY COUNCIL STAFF REPORT ITEM NO. 5.7
DATE: June 12, 2023
TO: Honorable Mayor and City Council
FROM: Jason Alcala, City Attorney
SUBJECT: Resolution authorizing an agreement with Innovative Claims Solutions (ICS) in an amount not-to-exceed $121,861 in FY 2023-24 and $127,954 in FY 2024-25 for thirdparty administration services for the City’s Self-Insured Workers’ Compensation Program

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing the City Attorney to execute a two-year agreement for Innovative Claims Solutions to provide third-party administration services for the City’s self-administered workers’ compensation program.

SUMMARY
Staff recommends the City Council adopt a resolution authorizing the City Attorney to execute a two-year agreement for Innovative Claims Solutions to provide third-party administration services for the City’s self-administered workers’ compensation program.

DISCUSSION
The City utilizes a State-licensed third-party administrator to manage workers’ compensation claims of injured workers. The current third-party administrator, Innovative Claims Solutions (ICS), has provided professional and cost-effective third-party claims administration services to the City since 1998.

During this period, ICS has worked closely with the City on managing workers’ compensation claims, including aggressively pursuing file closures while ensuring that the City’s injured workers receive appropriate treatment in a timely manner. ICS has been responsive to the City’s needs and requests, including the direction to prioritize return-to- work through expedited treatment and care. The Risk Management Division has worked steadfastly with claims examiners, claims supervisors, and other ICS staff to ensure that the City’s injured workers receive benefits and/or treatment in compliance with the law. ICS has played an integral role in expanding the cooperative working partnership with City departments and the Risk Management Division. These efforts have resulted in an overall reduction in expenses and time off work due to work-related injuries. 137
Although workers’ compensation laws have clearly impacted the cost of workers’ compensation statewide, ICS has continued to provide comprehensive and diligent claims management to ensure that the City’s injured workers receive appropriate treatment promptly.

As a result of their demonstrated performance record and competitive pricing, and the fact that maintaining their services will have no disruption of services to the City’s injured workers, staff recommends that the City continue its contractual relationship by entering into a two-year agreement with ICS for the period July 1, 2023 through June 30, 2025.

FISCAL AND ADMINISTRATIVE IMPACTS
Under the terms of the new agreement with ICS, the annual claims administration fee for FY 2023-24 will not exceed $121,861 for FY 2023-24 and $127,954 for FY 2024-25. Funding for these services has been included in the proposed budget for the Workers Compensation Internal Service Fund (fund 710) for FY 2023-24 and FY 2024-25.

COMMUNITY PILLAR
1: A Safe Community that Thrives
GOAL
15: Develop, oversee, implement, and manage an effective and efficient risk management program

ATTACHMENTS

1. Resolution

2. Exhibit A - ICS Agreement
Prepared by: Jas Sidhu
Risk Management Analyst
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
138
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING AN AGREEMENT WITH INNOVATIVE CLAIMS

SOLUTIONS (ICS) FOR THIRD-PARTY ADMINISTRATION SERVICES FOR THE CITY OF LIVERMORE’S SELF-INSURED WORKERS’ COMPENSATION PROGRAM IN AN AMOUNT NOT-TO EXCEED $121,861 FOR FISCAL YEAR 2023-24 AND $127,954 FOR FISCAL YEAR 2024-25
The City of Livermore (City) utilizes a State-licensed third-party administrator to manage the workers’ compensation claims of its injured workers. The current third-party administrator, Innovative Claims Solutions (ICS), has provided professional and costeffective third-party claims administration services to the City since 1998.

As a result of their demonstrated performance record and competitive pricing, and the fact that maintaining their services will have no disruption of service to the City’s injured workers, staff recommends the City continue its contractual relationship by entering into a two-year agreement with ICS for fiscal years 2023-24 and 2024-25.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby authorizes the City Attorney to execute an agreement for Innovative Claims Solutions to provide third-party administration services for the City of Livermore’s self-administered workers’ compensation program, for a two-year term from July 1, 2023 through June 30, 2024, in a not-to-exceed amount of $121,861 for FY2023- 24 and $127,954 for FY2024-25. A copy of the agreement is attached hereto as Exhibit A.

On motion of Council Member ________________________, seconded by Council Member _________________________, the foregoing resolution was passed and adopted on June 12, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
____________________________ /s/ Jason R. Alcala
Marie Weber Jason Alcala
City Clerk City Attorney
Exhibit A – ICS Agreement
139

PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of May 2023, by and between the City of Livermore (“City”), a municipal corporation, and Innovative Claim Solutions (ICS) (“Consultant”), a California Corporation.

RECITALS
City requires professional services for administration of the City’s self-insured workers’ compensation program.

Consultant warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement. Consultant acknowledges City has relied upon these warranties to retain Consultant.

AGREEMENT
NOW, THEREFORE, City and Consultant hereby agree that the aforementioned recitals are true and correct and further agree as follows:

1. Retention as Consultant. City hereby retains Consultant, and Consultant hereby accepts such engagement, to perform the services described in Section 3 below subject to the terms and conditions in this Agreement.

2. Relationship of Parties – Independent Contractors. The relationship of the parties shall be that of independent contractors. Consultant and its employees are not City officers or employees. Consultant is responsible for the supervision and management of its employees, including any workers compensation insurance, withholding taxes, unemployment insurance, and any other employer obligations associated with the delivery of the services contemplated by this Agreement.

3. Description of Services. Consultant shall provide professional consulting services to administer the City’s self-insured workers’ compensation program, as more particularly set forth in Exhibit A (collectively “the Services”) and in compliance with LAWCX performance standards attached hereto as Exhibit C.

4. Consultant’s Responsibilities. Consultant shall:
(a) Diligently perform the Services in a manner commensurate with industry, professional, and community standards;
(b) Provide the resources necessary to complete the Services in a timely manner;
(c) Obtain a business license from the City of Livermore, and keep it in effect for the term of this Agreement;
DocuSign Envelope ID: 44BAAFAF-4CBF-4270-95D6-6673E6357B27

EXHIBIT A
140
(d) Obtain and keep in effect all necessary licenses, permits, qualifications, insurance, and approvals legally and professionally required for Consultant to practice its profession and to provide the Services;
(e) Comply with all laws in effect that are related to Consultant and the Services;
(f) Coordinate the Services with the City’s Risk Manager (“Project Manager”), or such other person designated as the Project Manager by City; (g) Be available to the Project Manager, and other parties referred to Consultant by the Project Manager, to answer questions or inquiries related to the Services;
(h) Only invoice City for the Services rendered. Consultant’s invoice shall be in writing and describe the Services performed for the payment requested. Consultant shall not submit an invoice to City more frequently than once a calendar month; (i) Keep and maintain invoices and records related to the Services in an organized manner. At a minimum, the records must be kept for at least 3 years from the date of final payment to Consultant and must include time sheets, work progress reports, and other documentation to adequately explain all the Services invoiced for payment.

Consultant shall make the invoices and records immediately available to City upon delivery of a written request to examine, audit, or copy them at City’s place of business during normal business hours. Consultant shall give City 30 calendar-days’ written notice prior to destroying the invoices and records and allow City an opportunity to take possession. If City wants them, Consultant and City shall coordinate their delivery to City in the most efficient manner possible;
(j) Prepare and submit a written report to the Project Manager, within 3 business-days of the Project Manager’s written request, that identifies the Services completed and in progress, the charges incurred to date, and the anticipated cost to complete the remaining Services;
(k) Consultant shall correct, at its own expense, all errors in the Services.

Should Consultant fail to make such correction in a timely manner, City may make the correction and charge the cost thereof to Consultant;
(l) If applicable, Consultant shall ensure that all work for compensation is provided in compliance with the requirements of the California Labor Code including but not limited to hours of labor, nondiscrimination, payroll records, apprentices, worker’s compensation and prevailing wages. If applicable, Consultant shall comply with all prevailing wage laws, such as sections 1773, 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the California Labor Code and any other applicable wage and hour law. If any violation of prevailing wage law associated with this Agreement is deemed to have occurred by any court or administrative authority, Consultant shall forfeit to the City, as a penalty, the sum of fifty dollars ($50.00) for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the applicable prevailing rates for any work done to accomplish the purposes of this Agreement; and, DocuSign Envelope ID: 44BAAFAF-4CBF-4270-95D6-6673E6357B27

EXHIBIT A
141
(m) Consultant’s services provided pursuant to this Agreement shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA.

5. Compensation and Payment.
(a) The total compensation payable by City to Consultant for the Services SHALL NOT EXCEED the sum of $121,861 in FY 2023-2024 and $127,954 in FY 2024- 2025 ("not-to-exceed amount"). City shall compensate Consultant for the Services rendered at the hourly rates, task amounts or travel expenses set forth in Exhibit “A” up to the not-to-exceed amount. Except as provided in the body of this Agreement, the hourly rates, task amounts or travel expenses are intended to be Consultant’s only compensation for the Services and is inclusive of all costs of labor, licensing, permitting, overhead and administrative costs, and any-and-all other costs, expenses, and charges incurred by Consultant, its agents, and employees to provide the Services. (b) City shall pay Consultant no later than 30 days after City receives a written invoice from Consultant and verifies the Services were performed for the payment requested.

6. Term. The term of this Agreement commences on July 1, 2023 and terminates upon the completion of the Services or June 30, 2025, whichever occurs first.

7. Termination by City. City may terminate any portion or all of the Services by giving Consultant at least 30 calendar-days written notice. Upon receipt of a termination notice, Consultant shall immediately stop all work in progress on the Services except where necessary to preserve the benefit of the work, and then assemble the work on the Services for delivery to City on the termination date. All compensation for Services performed prior to the termination date shall be payable to Consultant in accordance with Section 5.

8. Ownership of Documents. All drawings, designs, data, photographs, reports and other items prepared or obtained by Consultant in the performance of the Services are City’s property and Consultant shall deliver them to City upon demand.

9. Copyright and Right of Use. All items created by Consultant for City under this Agreement are works made for hire, and Consultant shall give City the copyright and all intellectual property rights to all items developed, prepared, and delivered as part of the Services. Consultant agrees that all aspects of the Services and items created thereby will be original works of creation and will not use, in whole or in part, any work created by any other party, except when expressly disclosed by Consultant to City and Consultant obtains a license to such items for the benefit of City. All licenses must be perpetual, world-wide, non-exclusive, and royalty free sufficient in scope to permit City’s full use and enjoyment of its ownership rights in the items created by the Services.

10. Confidentiality. Consultant shall not disclose any confidential or proprietary information received from City to anyone except Consultant’s employees who require access to the information to perform the Services. This obligation shall survive DocuSign Envelope ID: 44BAAFAF-4CBF-4270-95D6-6673E6357B27

EXHIBIT A
142
termination and remain in full force and effect until the information, and any copies thereof, are destroyed or returned to City.

11. Defense, Indemnity, and Hold Harmless. To the fullest extent permitted by law, Consultant shall hold harmless, indemnify, and defend with counsel selected by the City or otherwise acceptable to the City, the City and its elected and appointed officials, officers, directors, employees, agents and designated volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Consultant’s performance of the services contemplated by this Agreement, or in connection with Consultant’s failure to comply with any of its obligations contained in this Agreement, except for such Liability caused by the sole active negligence or willful misconduct of City. Consultant’s obligations to hold harmless, indemnify, and defend shall not be excused because of Consultant’s inability to evaluate Liability or because Consultant evaluates Liability and determines that Consultant is not liable to the claimant. These obligations are independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement. Consultant must respond within 30 days to the tender of any claim for defense and indemnity by the City.
(a) Modification for Construction Contracts. To the extent this Agreement is a “construction contract” covered by California Civil Code section 2782, then Consultant’s duty to indemnify shall not apply in a manner prohibited by California Civil Code section 2782.
(b) Modification for Design Professional Services. To the extent this Agreement is for “design professional services” defined in California Civil Code section 2782.8, then Consultant’s duties to defend and indemnify shall only apply to the extent provided for in California Civil Code section 2782.8(a), unless section 2782.8(a) is not applicable for one of the reasons set forth in 2782.8(e).

12. Insurance. Consultant shall procure and maintain insurance during the term of this Agreement in the amounts and under the terms set forth in Exhibit B against claims that may arise from or in connection with this Agreement and performance of the Services.

Upon reasonable written notice, Consultant shall comply with any changes in the amounts and terms of insurance as may be required from time-to-time by City’s Risk Manager.

13. Acceptance of Final Payment. Consultant’s acceptance of final payment will release City from any and all claims and liabilities for compensation under this Agreement.

14. Acceptance of Work. City’s acceptance of, or payment to Consultant for, the Services does not release Consultant from its responsibility for the accuracy, completeness, or competency of the Services, nor do the actions constitute an assumption of Consultant’s responsibility or liability by City for any defect or error in the Services.

DocuSign Envelope ID: 44BAAFAF-4CBF-4270-95D6-6673E6357B27

EXHIBIT A
143

15. Conflict of Interest. Consultant represents that no City employee or official has a financial interest in Consultant. Consultant shall not offer, encourage, or accept any financial interest in any part of Consultant's business by or from a City employee or official during the term of this Agreement or as a result of being awarded this Agreement. If any of the Services are paid by reimbursement from an agreement between City and a private party, Consultant represents that it has not performed any work for that private party during the 12-month period prior to the execution of this Agreement, and that it shall not negotiate, offer or accept any contract for services from that party during the term of this Agreement.

16. Economic Disclosure. Consultant shall comply with City’s local conflict of interest code and the Political Reform Act, and prepare and file an economic disclosure statement if the Services involve making, or participation in making, decisions which may have a material effect on the Consultants’ financial interest. While it is Consultant’s sole responsibility to evaluate its conflicts of interest, the Consultant nevertheless agrees to prepare and file an economic disclosure statement if requested by City.

17. Non-Exclusive Agreement. This is a non-exclusive agreement. City reserves the right to provide, and to retain other consultants to provide, services that are the same or similar to the Services described in this Agreement.

18. No Assignment. Consultant shall not assign or subcontract any of the Services without City’s prior written consent. For the purposes of this section, a change of fiftypercent or more in the ownership or control of Consultant constitutes an assignment.

19. Remedies. All remedies permitted or available under this Agreement, or at law or in equity, are cumulative and alternative, and the invocation of a right or remedy will not be construed to waive or elect a remedy with respect to any other available right or remedy. As a condition precedent to commencing legal action involving a claim or dispute against City arising from this Agreement, the Consultant must present a written claim to City in accordance with Chapter 3.42 of the Livermore Municipal Code.

20. Construction of Language. The terms and conditions in this Agreement have been arrived at through negotiation and each party had a full and fair opportunity to review and revise this Agreement with legal counsel. Any ambiguity in this Agreement will not be resolved against either party as the drafting party. In the event of an inconsistency or conflict between the language in the body of the Agreement and an attachment hereto, the language in the body of the Agreement controls.

21. Entire Agreement; Modification. This Agreement supersedes all other agreements, whether oral or written, between the parties with respect to the Services.

Any modification to this Agreement must be in writing and signed by both parties. In the event the original of this Agreement is lost or destroyed, an archival copy maintained by City can be used in place of the original for all purposes with the same effect as if it was the original.

22. Notice. Notices under this Agreement must be delivered to the addresses below by deposit in the United States mail or by overnight delivery service, with postage prepaid and delivery confirmation:

DocuSign Envelope ID: 44BAAFAF-4CBF-4270-95D6-6673E6357B27

EXHIBIT A
144
TO CITY: Risk Manager
City of Livermore
1052 S. Livermore Avenue
Livermore, California 94550
TO CONSULTANT: Dan Greco
VP Client Services
Innovative Claim Solutions
12677 Alcosta Blvd., Suite 335
San Ramon, California 94583

23. Waiver. Failure to insist upon the strict performance of any term or conditions in this Agreement, no matter how long the failure continues, is not a waiver of the term or condition and does not bar the right to subsequently demand strict performance. To be effective, a waiver must be in writing and signed by the non-breaching party.

24. Severability. If a court of competent jurisdiction determines a provision in this Agreement is invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force and effect without being impaired in any way.

25. Survival. The terms, conditions, and obligations in Sections 8, 9, 10, and 11 shall survive the completion or termination of this Agreement.

26. Electronic Signatures. By signing this document, you are agreeing that you have reviewed this disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time.

27. Counterparts. This Agreement may be executed and delivered in one or more counterparts, each of which will be deemed to be an original copy of this Agreement, and all of which, when taken together, will be deemed to constitute one and the same agreement. The facsimile, email, or other electronically delivered signatures of the Parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals and shall be valid and effective for all purposes.
********************************************************************************************* Signatures and Attachment List on the Next Page
DocuSign Envelope ID: 44BAAFAF-4CBF-4270-95D6-6673E6357B27

EXHIBIT A
145
In concurrence and witness whereof, and in recognition of the mutual consideration provided therefore, the parties have executed this Agreement, effective on the date first written above.

Dated:
___________________________
Dated:
____________________________
CONSULTANT:
____________________________
By: Dan Greco
Title: VP Client Services
CITY OF LIVERMORE:
____________________________
Jason Alcala
City Attorney
APPROVED AS TO FORM:
___________________________
APPROVED AS TO INSURANCE:
___________________________
Jas Sidhu
Risk Management Analyst
Attachments:

Exhibit A – Scope of Work
Exhibit B – Insurance Requirements
Exhibit C – LAWCX Performance Standards
Assistant/City Attorney
DocuSign Envelope ID: 44BAAFAF-4CBF-4270-95D6-6673E6357B27 5/25/2023 | 11:06 AM PDT

EXHIBIT A
146












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EXHIBIT A
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EXHIBIT A
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DocuSign Envelope ID: 44BAAFAF-4CBF-4270-95D6-6673E6357B27

EXHIBIT A
151










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DocuSign Envelope ID: 44BAAFAF-4CBF-4270-95D6-6673E6357B27

EXHIBIT A
152
Revised 5/1/2018 B5 – 1M E&O